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.


Asked on 3/30/09, 3:15 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Read more
Answered on 3/30/09, 3:54 pm
Terry A. Nelson Nelson & Lawless

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'.

Read more
Answered on 3/30/09, 5:45 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California