If an earnest money deposit is never made but the buyer still plans to close, can the seller cancel the contract prior to closing?

Asked on September 21, 2012 under Real Estate Law, Florida


Mark Siegel / Law Office of Mark A. Siegel

Answered 8 years ago | Contributor

It would depend upon the specific provisions contained in the contract of sale & any rider to the contract regarding the down payment, including the seller's right to cancel the contract, timely notice requirements by the seller as per the contract, any applicable rights the purchaser may have under the contract & purchaser's timely compliance with notice requirements to the seller, if any, in accordance with the contract.

You should consult with an attorney who practices in the area of real estate law. The attorney can review your contract & advise you accordingly. Good luck.

david slater / david p.slater, esq.

Answered 8 years ago | Contributor

If the buyer breached the contract, it can be terminated.  Provide written notice as soon as possible.

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