Can a seller demand more money for a home after the contract is signed by both parties?

UPDATED: Sep 30, 2022

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Can a seller demand more money for a home after the contract is signed by both parties?

We are buying a home and signed a contract with the seller agreeing on price. The home is in an estate situation due to the death of owner. The estate lawyer is now asking for more money than what the contract specifies due to expenses to close and demanding to close earlier than stated in contract. Is there any way to hold them to the contract?

Asked on August 31, 2016 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you can hold them to the contract: contracts are enforceable. If they refuse to honor the contract, you could bring a breach of contract lawsuit seeking either "specific performance"--that is, forcing them to carry through with the contract as written--or "damages"--monetary compensation for any costs, losses, etc. you suffer due to their failure to honor their contractual obligations. The whole point of a contract is that it is enforceable in court.

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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