Can a Buyer Sue a Seller if They Refuse to Close?
Posted by Hank Miller on
Real estate contracts occasionally collapse due to Buyer problems, but what if the Seller bails out? Can a Buyer sue a Seller if they
refuse to close? What used to be infrequent is becoming more common; Sellers backing out of contracts. They might have second thoughts about giving up a low rate or realize that maybe it’s better to keep the home they have. If that happens, what can a Buyer do?
If a Seller Refuses to Close a Real Estate Contract
In Georgia, Sellers play a less proactive role, most of the contract actions are initiated by the Buyers. If a Seller decides not to finalize the deal after all the conditions have been satisfied, the Georgia Association of Realtors contract (06/01/23) provides the following advice:
Remedies of Buyer: In…
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how a home is represented and described may not always be what a buyer sees. Advertising, especially in real estate, always pushes the boundaries, but there is an expectation that the information presented is factually accurate.
advantageous, a limited housing supply led to a grueling home buying experience. Atlanta area home sellers on the other hand, enjoyed historical sway and leverage. They could effectively name their price and state the conditions; buyers were willing to comply. Things changed fast, midway through ’22 rampant inflation and the Fed slammed on the brakes. Things quieted and the stage was set for the spring 2023 housing market in Atlanta.
seeing distress around the greater Atlanta market. That message however, is often taken at face value and some home buyers expect a bargain basement spring. Best advice as to what home buyers should expect in the spring of 2023...understand that it's not the spring of 2011.
Well add this to the list of “No chit Sherlock” observations coming out of the last two years. Seems that just over 70% of recent homebuyers have buyer’s remorse. In Feb '21 we noted that 44% of homebuyers had buyer's remorse, these new stats are bonkers. This number is a bit of a surprise and the reasons have to do with price but also with just about every other aspect of the buyer's transactions. Put politely, these buyers are now in a position that no one wants to be in…and they have only themselves to blame. Sure, the market over ’21 and the first part of ’22 was bonkers, competition was fierce. But how many of these mournful buyers made the cardinal sin of not qualifying their agent? Most of them.
the basement wearing a mask, gloves and bicycle helmet waiting for instruction. Most folks look to mitigate risk but it’s a part of daily life. It’s also part of buying a home; successful home buyers embrace risk. "Measured risk” is a good way to summarize how buyers need to think right now as conventional tactics are simply not effective in this market (4/22).
tougher for home buyers, but they are. Many factors are at play/still in play so it's not all real estate related, but buyers don't really care what's causing their consternation; the fact is that right now (late Feb '22), buyers are stumbling and bumbling wondering how to get offers selected. It's a beauty contest and the most appealing offers are getting selected.
