Does the termination to the agreement of sale have to be signed by both parties?

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Does the termination to the agreement of sale have to be signed by both parties?

We are asking to be released from our current agreement of sale. Some of the workmanship at the home we are not comfortable with. Additionally, our agent is having us contact the builder/seller’s brokerage office. In the state of PA everything was handled through the represented agent. Is this proper protocol? We were asked to provide notice, however we didn’t receive a termination to the agreement of sale. The selling brokerage hasn’t responded back to our request.

Asked on February 12, 2019 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, you can't get out of the agreement if you are "not comfortable" with its workmanship unless there is some cancellation/termination clause or "inspection contingency" in the contract of sale allowing you to terminate it   for this reason--and you fully comply with all terms or requirements of that provision (e.g. in terms of when you provided notice of cancellation). Without having and complying with some contractual term allowing you to cancel or termintate due to workmanship issues or problems with the home, you are locked into the contract and must go through it it.
Second, even if you can cancel or terminate it now, any deposit you put into escrow can only be released if either the seller signs off on the cancellation or, if they refuse to, to sue for the deposit, prove in court that you were within your rights to terminate the contract, and get a court order for the release.


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