Legal Question in Real Estate Law in Florida

seller of house's rights

What are my rights as the seller of my home if the buyer backs out of the sell the night before the closing? (ex. We're being billed for the termite inspection that will have to be done again next time we have a potential buyer.)


Asked on 5/07/07, 10:29 pm

3 Answers from Attorneys

Richard Georges Richard M. Georges, P.A.

Re: seller of house's rights

The question cannot be answered without a review of the contract terms and complete facts. You need to consult an attorney.

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Answered on 5/08/07, 5:37 am
Michael Stewart Michael D. Stewart

Re: seller of house's rights

Your Purchase and Sale Contract would control this.

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Answered on 5/08/07, 9:05 am
Scott R. Jay Law Offices of Scott R. Jay

Re: seller of house's rights

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You would have to review the terms of the Contract for Sale and Purchase. Generally, the Seller is entitled to keep the deposit or share it with the real estate brokers who may be entitled to share equally up to the amount of the commission provided in the Contract, if any.

Alternatively, you may be entitled to sue for specific performance and/or damages. I would strongly suggest that you consult with a qualified real estate attorney to determine your rights under the Contract.

Scott R. Jay, Esq.

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Answered on 5/07/07, 11:52 pm


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