Legal Question in Real Estate Law in California

Re: Can a seller cancel a real estate contract

Boy, do you need a shoulder to cry on, but more importantly you need to get an attorney. It is never a good time to break up with your girlfriend but you couldn't have picked a worst time. You have to negotiate out a the purchase of the house immediately. If you don't do something right away you going to only two houses and the lenders will not matter how you look as to still being required to pay to different mortgages. The question also might be whether or not your girlfriend might have reached an agreement with you applicable to her making sure that she also to pay the debt. No matter what your you wore up the proverbial rowboat without the paddle. Set aside your emotions for now and try and deal with getting out of the contract if possible. If that doesn't work plan B. requires other alternatives.

Re: Can a seller cancel a real estate contract

It could depend upon whether there are any unsatisfied or unremoved contingencies. If not, so-called equitable title passed to the buyer upon signing a contract of sale and removal of the last contingency, if any. Although legal title doesn't pass until closing, in a sense you have already parted with ownership, and the buyer can compel you to complete the deal, if so inclined, through a lawsuit for specific performance.

You seem to have an additional problem of being in contract on the replacement, but since it is contingent on sale of your current house, the interesting question arises as to what will happen if the sale of your current house is not voluntary, but crammed down you as a consquence of a suit for specific performance.

My suggestion is to do some fast negotiating and see if you can get out of the sale deal, then get out of the purchase deal. If your own efforts don't bear fruit, get a local real-estate lawyer.

Is the ex-fiance possibly obligated? If not, too bad; it would help if you could spread the legal misery to the responsible party.