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.
Selling your home by owner, also known as For Sale By Owner (FSBO), is appealing to some in this exceptionally robust market. Not dealing with agents is nice, but can money be saved selling a home by owner? About 7% of homes nationally sold without a listing agent, of those over half were between parties that already had the transaction arranged. Data shows that around 25% of FSBOs don't sell; and for those that do, they sell between 6%-26% less than agent assisted homes. Consider…
the current housing market. Best advice as to what home sellers should expect in spring of 2023...understand that it's not the spring of 2022.
certain to be on the radar of all is the appraiser; sometimes an ally, sometimes an enemy. More on Karen later...
market; none of that applies to their home. Data clearly shows their home is aspirationally priced, buyers confirm it, and it sits idle. When challenged the agent and/or buyer drop the classic line..."the seller doesn't need to sell".
of 2022 will show the pull back and move toward a balanced market, but as with everything real estate related, the devil is in the details. At the macro level, buyer activity slowed, days on market increased, months of inventory increased and the general balance of power is moving from sellers to a neutral position. On a granular level however, how homes are presented for sale makes all the difference.
killer inflation is ending the run this time. The Fed has to get control of this rudderless economy and the withdrawals from handouts and the free spending are here. The insane advantage enjoyed by home sellers over the last few years is ending, time for sellers to remember how to list a home for sale. That said, let's not misconstrue what we're looking at (as of the end of June '22 anyway); the Atlanta real estate market is not crashing. What we are seeing, are signs of a return to normal. What we are hearing are cheers from the buyers - the one's left in the game anyway.