Legal Question in Real Estate Law in Georgia

buyer backing out of contract on home

We are set to close on our home Oct. 27. We have since signed a lease and paid 1st months rent at an apartment, locking ourselves in for 9 months at 950.00/mo. We have also paid for a termite inspection and bought a home warranty. In the meantime, the buyer has decided to possibly ''back out'' of the contract. If he does, do we have recourse to be paid for having to break our lease, our deposit and rent, warranty, termite, etc.? The total cost we would be seeking would be around 5500.00, plus legal fees. Thanks!


Asked on 10/09/06, 8:33 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: buyer backing out of contract on home

Theoretically, a seller may be able to seek actual reasonable damages that arise directly from the breach. What that may be depends on the facts of the case, and the terms of the contracts. Presumably, a warranty and termite inspection add value to the hosue for future sales. With respect to an apartment, questions may include how far in advance was it leased, were there still contingencies in the sale, etc. What are your prospects for selling the house to someone else, and will it sell for more or less? Parties generally pay their own attorneys fees, hourly or contingency.

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Answered on 10/10/06, 8:14 am


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