what to do if seller is trying to back out of accepted purchase agreement

seller and buyer have accepted purchase offer on real estate in wisconsin

Asked on March 11, 2016 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the contract has some clause or term which allows them out under this circumstance, they can get out. Otherwise, they can't; the fact that someone later comes along with a better offer does not allow a seller to get out of a contract. You could sue them to enforce the contract, such as seeking a court order forcing them to go through with the sale, and/or sue them for monetary compensation (e.g. any costs--other than legal fees; parties have to bear their own legal fees, unless the contract provides for payment of them) you thereby incur. Contracts are legally enforceable in court.

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