Legal Question in Real Estate Law in Florida

Backing out of a contract

My husband and I signed a contract to sell our home. My husband (we just seperated) wants to back out of the sale. Our realtor told him we still will have to pay the commission (about 18k). He also said we will need to pay all costs already incurred by the seller (inspection, appraisal, etc). But he also said we will need to pay Doc stamps, taxes, and the sellers closing costs. The total will be an additional 20,000.00 according to the realtor (for a total of about 38,000), that seems beyond absurd. The sale price of the home is 315,000. I know you can't fully answer because I don't have the details of the contract we signed but is it possible we can have to pay all of these fees, even though some have not yet been incurred? The closing date is not even set yet, it is expected to be in 2-3 weeks. Is it worth it for us to go through a real estate attorney, or is there no hope of fixing this? Thank you for any input.


Asked on 9/06/06, 10:27 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Backing out of a contract

If you default, your contract should indicate your liability. Since there will be no closing, you will not have all the expenses. You should sit down with a real estate attorney to review your options.

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Answered on 9/06/06, 12:05 pm


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