Legal Question in Real Estate Law in Pennsylvania
Seller backing out
The seller accepted and signed our
offer with a 53 day closing which is to
be on June 22, 2009. All inspections
were done and paid for by buyer.
Seller needed to file an extension for
the reply to inspection, which has not
been done. Seller is now trying to
withdrawal from contract of sale
entirely. Where do we begin to take
action? What can we do? we have
already given our notice to our
apartment that we are leaving at the
end of june.
1 Answer from Attorneys
Re: Seller backing out
All Agreements and any changes, including extensions, must be in writing signed by seller and buyer. Usually, inspection contingencies also may provide that if the seller doesn't respond within a certain time, you may have the right to cancel the agreement. Your right to cancel must also be in writing and within the time provided by the contingency section of the Agreement.
Read your Agreement carefully and, if necessary, consult a lawyer to help you determine what your rights are. Don't wait, because you may already be near or have passed the deadlines.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.