an a seller break a sales contract?

UPDATED: Oct 1, 2022

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an a seller break a sales contract?

A few days ago I signed a contract with a buyer. The buyer now wants to renegotiate. The contract was written by the buyers agent. the house is for sale by owner, I have no agent currently. I just want to cancel the contract ASAP. Can I do that?

Asked on May 30, 2019 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you can't break the contract, and they cannot force you to renogiate: you are both bound to the terms of the contract you signed. The fact that they want to renegotiate is irrelevant, since they have no legal power to force you to do so--you can hold them to the contract they signed. 
The above said, if you and the buyer have both decided you don't want to go through with this, you can cancel the contract by mutual agreement: but you both must agree to do that in writing.
Note that if the contract has some "inspection contingency" or "inspection clause" in it regarding what can be done based on an inspection report, you and they have whatever rights or options that contractual provision gives you.

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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