Legal Question in Real Estate Law in California

We have a home in escrow (California) due to close in 2 weeks (75 day escrow). There was not a contingency for the sale of the buyers home in the sales contract. However they now want to void the contract because their home has not sold. What are our options?


Asked on 10/14/14, 1:50 pm

3 Answers from Attorneys
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Are you the broker or the buyer of the home? Let me know so I can help. Thanks.

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Answered on 10/14/14, 2:07 pm
William Christian Rodi Pollock

Options would include:

Sue for damages for their failure to close.

Check your RPA, which may include liquidated damage provisions for a breach.

Sell them an extension of time

Give them an extension

Terminate escrow and move on

The first step is to read your RPA which should more specifically define your rights in the case of a default. Are you sure they have waived all contingencies to the onligation to close?

You may want to consult counsel on the alleged breach of contract.

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Answered on 10/14/14, 2:09 pm
Anthony Roach Law Office of Anthony A. Roach

They really should work it out with you. Not having their home sale as a contingency was quite foolish, especially if that is an issue now.

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Answered on 10/14/14, 7:44 pm


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