Can we sue a buyer from backing out of a contract on our home?

We listed our house ‘as is’. A couple made an offer that we accepted. They got
the loan and had inspections. One week before closing they backed out because
they wanted us to exterminate for flees which we do not have and we offered to
split cost just being nice. They have now backed out.

Asked on April 28, 2016 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can sue them, if they violated a contract of sale by not going through with the sale when, under the terms of the contract, they did not have valid grounds to cancel. You could sue them for the actual costs they cause you, which probably means waiting a few months to sue, in order to see what those costs are. For example, say that them pulling out on the sale caused your house to ultimately sit on the market for four months longer--you could therefore potentially recover four months of carrying costs (e.g. taxes, mortgage, utilities, insurance) from them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.