I signed a sales agreement to sell my home but feel I was rushed into it,

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I signed a sales agreement to sell my home but feel I was rushed into it,

Can I get out of it after realizing I cannot afford to move and have nowhere
else to go. A realtor was not involved.

Asked on November 20, 2017 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the fact that you cannot afford to move or have nowhere else to go, or that you felt "rushed" to sign, does not allow you to get out of the contract. Once you sign a contract, even if it was a bad idea to do so or you were pressured to sign (as long as you were not threatened with violence or other criminal acts, it is ok to pressure or rush someone to sign a contract--salesmen, for example, do it all the time), you are locked into or obligated to it. You can only get out of a contract if--
1) The contract has some cancellation or early termination clause, and you comply with its terms.
2) The buyer breaches (violates) the contract in some material (or important) way, such as by not making a deposit or other payment in time--a material breach by one side lets the other side treat the contract as terminated.
3) The buyer lied to you about something material in order to get you to sign the contract, it was reasonable for you to rely on that lie (you had no information or warnings to the contrary), and you did in fact rely on it--this would be fraud, and fraud allows someone to void a contract.
Otherwise, though, you would be obligated to the contract and, in particular, your own problems, issues, or concerns are not grounds to get out of it.


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