What can I get from a seller that backs out from a sale?

UPDATED: Oct 1, 2022

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What can I get from a seller that backs out from a sale?

We were two weeks from closing and working
out the last details of the sale when the seller
got offended by my offer and backed out.

While this is annoying, Im fine with it because
thats her life. Shes returning the earnest
money but I feel like I shouldnt be out the
inspection and appraisal costs. Before I sign a
mutual release, is there a way to get those two
amounts back?

Asked on July 8, 2018 under Real Estate Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You could sue her for the money: when party A breaches or violates a contract, party B can generally recover any losses or costs they incurred due to the breach. In this case, that includes inspecton and appraisal costs you incurred (and legal fees, if you had a lawyer involved). So if she will not pay them voluntarily, you could recover those amounts in a lawsuit (e.g. in small claims court, as your own attorney, to minimize the cost of suing).

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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