Legal Question in Real Estate Law in California
Seller decided to cancel the transaction requested buyer to sign the cancellation. as long as both parties sign the cancellation, money will be refunded whether cancellation was requested 7days ago? I, as a buyer, trying to sign it now and just wondering if it's too late to sign or can it be singed at any time.
2 Answers from Attorneys
If the Seler has decided to breach the contract by not selling the property to you,then the Seller has to return yo to the position you were in before the agreement to buy was made. A full refund of your deposit is required, along with any forseeable expenses you incurred. You can also sue for damages.
I'm left to wonder if Mr. Shers ever bought a house. As you probably know, the seller can cancel the sale for any number of reasons without breaching the contract. What you don't tell us is why the seller is cancelling and whether you have breached the contract. Without knowing that, it is impossible to tell whether or not it is a cancellation for breach, and no refund, or cancellation under contingencies, entitling you to your refund. In any case, however, if the cancellation is on the standard form, and the box for return of deposit to buyer is marked, then the seller is agreeing to your refund. In that case, you can sign it at any time unless the seller revokes it before you sign AND deliver it back to the seller.