Is it possible to cancel a real estate transaction?

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Is it possible to cancel a real estate transaction?

I recently bought a house with my future husband. I also sold my house but so not
close for another 10 days. My relationship has fallen apart and I need my house
back. Since we haven’t closed how can I cancel the closing of my house?

Asked on June 13, 2016 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can only cancel closing on your house if either 1) the contract of sale, by its terms, gives you the right to do this at this stage; or 2) the buyer defaults on (violates or breaches) some major obligation of the contract/sale, like having the funds to close. Otherwise, if the buyer complies with his/her obligations and the contract does not contain any escape clause, you are obligated to go through with the sale, regardless of what has happened in your person life (which is, to be blunt, not a concern of the buyer, and not legal grounds to not carry through on a contract).


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 AttorneyPages.com 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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