Zillow Advice: Buying Process - What are my rights as a buyer I was told today by my broker the seller wants to cancel the sell beca http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ Zillow Advice | Zillow Real Estate Dear Buyer,Your rights, duties ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ <p>Dear Buyer,<br/>Your rights, duties and responsibilites are outlined in your California Residential Purchase Agreement. If you have difficulty with it, please consult an attorney</p> Fri, 10 Aug 2012 16:59:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-08-10T16:59:00Z It depends on your agreement ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ It depends on your agreement of sale.&nbsp; That's the contract that determines how either party may leave the transaction without being in violation.&nbsp; If the&nbsp;seller is in violation of the contract the buyer has options...&nbsp; first take your agreement to a lawyer (a real estate lawyer)&nbsp; I can recommend one if you don't know one, but I'm in PA and you want one in your state.&nbsp;&nbsp; The lawyer will determine if the seller is in violation.&nbsp; If the answer to that question is yes than you have two options in terms of legal action....&nbsp; 1) Suit for Damages... where you recieve compensation, or 2) Suit for Specific Performance... where the judge would require that the contract (agreement of sale) be inforced.&nbsp;&nbsp; Be sure your attorney files a Lis Pendens (Future lien notice)&nbsp;&nbsp; so the other side can't do anything with property that would foul your ownership up should you win the suit... ie the owner won't be able to&nbsp;refinance or sell.<br/>Good luck and I hope you had a good real estate agent so you were protected in the agreement of sale. Wed, 25 Jul 2012 19:27:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-25T19:27:00Z I recall situations back ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ I recall situations back in 2006 when home values were escalating, a number of sellers in the wealthier areas of the South Bay (Atherton, Campbell etc.) wanting to get out of their contracts because they realized they could sell for a higher price.<br/><br/>The opinion at the time was that if the seller just refused to sign, they were clearly in breach of contract and the buyer (and broker) would have a good case to sue for damages should they wish to do so.<br/><br/>If the seller won't&nbsp;sign, talk to a real estate attorney.&nbsp; Wed, 25 Jul 2012 14:44:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-25T14:44:00Z Hello Rita:Many of&nbsp;the&nbsp;comments ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ Hello Rita:<br/>Many of&nbsp;the&nbsp;comments already cover if the sale was as a&nbsp;contingent&nbsp;contract. From my&nbsp;experiences, a seller can almost walk anytime, and most probably without any recourse.&nbsp;<br/>I actually called CAR legal hotline on that very subject.&nbsp;<br/>Try to work it out with the seller and the broker, i.e. negotiate. I think that is your best option.&nbsp;<br/>Antoine Tue, 24 Jul 2012 17:11:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-24T17:11:00Z When I&nbsp;walked into this ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ When I&nbsp;walked into this condo and it felt the perfect fit for me; I could see myself living here indefinitely.&nbsp; Also I love the neighborhood.<br/>I appreciate all the comments and suggestions Tue, 24 Jul 2012 05:05:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-24T05:05:00Z Hi Rita,What does your contract ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ Hi Rita,<br/><br/>What does your contract say? &nbsp;Read it carefully because that will dictate whether or not the seller can cancel. &nbsp; Do you have a contingency in there that the sale is based on the seller obtaining financing for another home? &nbsp;<br/><br/>The seller cannot just say I want to do this. &nbsp;The contract sets forth what the buyer and seller can and cannot do. &nbsp;Good luck! Tue, 24 Jul 2012 02:43:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-24T02:43:00Z That's certainly an unfortunate ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ That's certainly an unfortunate situation for everyone involved.<br/><br/>If this is your "dream home" then it may be possible for you to sue the Seller for performance on the contract.&nbsp; This might be costly and time consuming.<br/><br/>If it's not, then I would put yourself in the Seller's shoes and think about what you'd want hte Buyer to do.&nbsp; Do you believe that everything happens for a reason?&nbsp; It could be that there is a better house out there waiting for you!<br/><br/>Good luck! Tue, 24 Jul 2012 02:08:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-24T02:08:00Z I'm not a lawyer and it would ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ I'm not a lawyer and it would probably be good to consult one since I don't know California law. It would be nice and clean if there was a home sale contingency in the contract, but usually, a contract can be broken. There are forfeits if it is broken without a legitimate and legal reason, but no one can force a seller to sell (except in the case of a foreclosure). Consult an attorney to see if there is any way to force the issue. Tue, 24 Jul 2012 01:29:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-24T01:29:00Z Hi Rita.&nbsp; You will have ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ Hi Rita.&nbsp; You will have to examine your offer for the purchase of seller's home.&nbsp; Was there a contigency in&nbsp;there indicating&nbsp;that the seller's purchase will be determinant to&nbsp;the sale of seller's home?&nbsp; If so, then seller has cause to back out of the deal because seller was unable to obtain mortgage for the purchase of her perspective home.&nbsp; Tue, 24 Jul 2012 00:48:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-24T00:48:00Z Generally speaking, it is ... http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ Generally speaking, it is very difficult for the seller to back out of a sale once they have a fully executed contract. You don't say that the sale was contingent on the seller purchasing another home, so assuming your agent explains everything to you properly, there is probably no such contingency.<br/><br/>Have you removed all your contingencies? What stage are you at in the transaction? If you have not yet submitted a Request for Repairs, you can count on the seller rejecting everything, just to get out of the sale. Tue, 24 Jul 2012 00:46:00 GMT http://www.zillow.com/advice-thread/What-are-my-rights-as-a-buyer-I-was-told-today-by-my-broker-the-seller-wants-to-cancel-the-sell-beca/452307/ 2012-07-24T00:46:00Z