Legal Question in Real Estate Law in Michigan

Can a seller back out?

I am trying to buy a home. We have signed a purchase agreement. In the agreement seller is to provide Certificate of Occupancy. A city inspection was just done, and they want the sell to fix cracks in the driveway. The seller says if I don't sign off on the cracks he is going to up the selling price. Can he do that? Is he able to back out of our origninal agreement?


Asked on 11/25/08, 3:54 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: Can a seller back out?

A thorough reading of your purchase agreement would be necessary to advise you. If they default, the remedy for default varies from the return of your deposit to specific performance of the contract. Visit me at www.kliszlaw.com to discuss options. Tim Klisz

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Answered on 11/25/08, 4:18 pm
Renee Walsh LawRefs Nonprofit

Re: Can a seller back out?

The seller is not backing out if the offer has not been accepted. Typically the offer is contingent upon inspection. If your inspection results in you requiring the seller to fix certain items, than you are in effect making a counter-offer which the seller is free to reject or counter with an increase in price.

If you have further questions or concerns, please contact me via my website at www.lawrefs.com.

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Answered on 11/25/08, 4:20 pm


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