Legal Question in Real Estate Law in California

Re: real estate purchase contract

Generally, no. A purchase contract is a binding agreement on both the Buyer and Seller. While most purchase contracts have contingencies, or conditions which must be met prior to being able to enforce the obligation to buy or sell on the buyer or seller, there are a series of obligations that go with that agreement which require (in this case) the seller to proceed in good faith towards close of escrow. By refusing to close escrow, the seller is forcing you to do one of two things. First, you can hire an attorney, and sue the seller for what is called "specific performance." Real estate is considered to be unique, and as such, it is one of the few areas of law where you can get a judge to force the seller to actually sell you the property. You could elect instead just to sue for money damages, but unless you were getting an amazingly good deal for the property, your measure of damages isn't going to net you much.

Alternatively you can exercise your right to now demand return of the deposit and move on. The seller appears to have breached the purchase agreement, and as such, that would entitle you to cancel escrow and get your deposit back.

There are a lot of additional facts that would need to be reviewed to tell you specifically what your rights may be. An example might be where the seller is excused from performance because you failed to meet one of the contingencies. Contact a local bankruptcy attorney and review this along with the contract more carefully to see what your rights may be.

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Re: real estate purchase contract

NO. If the buyer has complied will all terms and conditions, he could sue the seller for 'specific performance' and get the house at the contract price. Use that threat to get seller to comply.