If a home buyer makes an offer on a house, is she bound to it? If a home seller accepts an offer, can he change his mind?

A home buyer can withdraw an offer at any time until the offer is accepted by the home seller. After that, the seller may owe a commission to the broker, and may sue the buyer for breach of contract to recover the cost of that commission. If the seller changes her mind after accepting an offer, especially if the terms of the listing agreement have been met, she usually still owes the broker a commission.

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After a real estate transfer, how can I remove a holdover seller who refuses to leave the property?

The best way to avoid dealing with the problem of a holdover homeseller is to examine the property before closing while you still have some leverage. You should also make sure that your real estate contract contains provisions to provide remedies for a failure to vacate the property or failure to close by a certain date. If that doesn’t work, there are other ways to persuade the holdover home seller to leave, such as agreeing to pay moving fees. You may need to use the unlawful detainer laws in your state to evict the holdover seller.

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In the disclosure statement on a home sale, I wrote that the old roof “leaked (replaced) age 1 year old”. The buyer is suing me in court for a leaking roof saying that I had misrepresented the state of the roof. Does he have a leg to stand on?

The seller would have a defense only if he/she disclosed everything about the roof, i.e. specified exactly the locations of the leaks, that the roof was not a new roof, exactly what areas were replaced, how and by whom, the roof is sold in as-is condition and the seller gives no warranties as to the condition.

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