Legal Question in Real Estate Law in California
home sale
seller and buyer signed a contract on purchase of the house, is this a binding contract in the state of Ca.
2 Answers from Attorneys
Re: home sale
Without more specifics, and a review of the contract signed, it is impossible to answer your question. First, most real estate contracts contain contingencies. Until all of these contingencies are satisfied - some of which run right up to the actual close of escrow - it cannot be said to be fully binding on the parties. Yes, if a buyer and seller signed a contract, they have an obligation to perform under the terms of the contract, but most have a series of "outs" that would (generally) let a buyer out of the deal. If you would like to have the contract reviewed in detail, please feel free to give me a call - I'm over in Orange County.
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Re: home sale
You said they signed a contract. In principle, contracts are enforceable; that is the entire purpose of making them. Normal real estate sales contracts are quite detailed, to make them enforceable. If there is some valid legal basis to cancel or rescind the contract, such as if the contingencies have not been satisfied, consult with an attorney to review all the documents, facts and allegations. That does not include 'I changed my mind'.