What to do if I would like to back out of seller’s agreement because the buyer is not sticking

to the conditions we discussed?

The only thing is that these conditions were not written in the seller’s agreement, we only discussed it in person and the buyer agreed to pay certain fees. However, now he is saying that since it is not written in the seller’s agreement, he is not responsible to these fees. In any case, I am in no rush to sell the house. Is a way to cancel seller’s agreement?

Asked on June 20, 2016 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Agreements discussed orally (e.g. in person) and not incorporated into the written contract are NOT enforceable in a case like this: the buyer is correct in that if there is a written agreement, he is only responsible for any fees or costs in the written agreement itself. You cannot get out of the agreement for this reason; you can only get out if--
1) the agreement itself provides some way out, and you comply with that provision of the agreement; or 
2) the buyer violates his contractual obligations in some material, or significant, way (such as by not paying any amounts due under the contract when they are due).
Otherwise, you will remain obligated to the agreement.

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