Can a seller back out of a contact ?

UPDATED: Oct 1, 2022

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Can a seller back out of a contact ?

Because we are in a contract and the buyer needs to move
in the house sooner and I cannot move as soon as he
wants me to move

Asked on October 7, 2017 under Real Estate Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you cannot back out of the contract unless (1) the contract itself contains some clause or provision allowing you to get out of it (and you fully comply with its terms); (2) you discover that the buyer committed fraud, or lied about something important to get you to sign; or (3) the buyer materially (in a significant way) breaches or violates the contract, such as by not paying amounts due under the contract when they are due. Otherwise, the contract is binding--but not just on you, but also on the buyer. The buyer cannot force you close or move earlier than the closing date set in the contract; that is the legally enforceable date.

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.

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