You've been dreaming of homeownership, have spent years preparing financially, and spent months searching for the perfect home. You finally found it, negotiated a price, and signed a purchase and sale agreement with the seller. Now, the seller wants to call things off—years of dreaming, months of planning, and piles of paperwork, all for nothing.

It doesn't often happen; however, it can be heartbreaking when it does! Why would a real estate seller have a sudden change of mind, and do you have any legal recourse?

In this post, we'll examine some of the reasons a seller might back out of a Purchase and Sale Agreement, the impact of a seller backing out of the deal, and what recourse you might have.

First, Take a Breath and Consider the Situation

Before you run out and lawyer up, take a breath and consider the situation on a human level. If your finances are in order, you've been upfront and interested in moving forward emotions, or a situational change may be behind the seller's change of heart.

Try to determine the seller's reason for putting their home on the market. For example, if the sellers were planning to move into a senior facility because one of them was seriously ill. But they made a miraculous recovery; there is little you can say to convince them to sell.

However, sometimes the seller just doesn't trust you to make good on the deal and has second thoughts. Maybe they have a reason to believe you can't make the down payment or get a mortgage approval, and they don't want to take their home off a hot market for long enough to find out. In this case, sit down and provide whatever evidence you need to allay their fears.

Another common situation is that the home is historically or personally significant emotionally (maybe it has been in the family for generations). The seller is concerned that you properly care for the home. Sit down with the seller and explain that you will honor the home's historical significance. Explain your plan to enhance the historical significance of the dwelling.

Sometimes, the seller got a better offer and decided they'd rather sell to that person. Yes, it's unethical, but it happens. Your legal solutions depend on where you are in the process.

Six Ways A Seller Can Walk Away From A P&S Agreement

If you have a verbal agreement, or the details in the purchase and sale are not met, a seller can walk away at any point. The P&S has legal value and backing out can be complicated. It's something most sellers and buyers want to avoid. Here are six examples of when a seller can walk away before closing:

1. The contract has not been signed.
2. A Standard contract provides for a 5-day attorney review period which provides a window for the seller, or buyer, to cancel.
3. The seller has planted a contingency in the P&S, like a clause stipulating that they must find a replacement home before moving out.
4. If the buyer doesn't stick to the terms of the agreement.
5. If a buyer pushes the seller to do repair work that he is unwilling to do.
6. Any unfortunate incident which turns their life around – like a seller getting sick.

If the deal is not finalized, it's easy for either party to back out. However, once a purchase and sale agreement are signed, backing out can have consequences for the seller.

The Consequences of Backing Out of a Signed Purchase and Sale

There are affects a seller faces when they back out without cause. They open themselves up to both legal and financial consequences.

A seller is subject to legal consequences if they back out of a deal after both parties sign a contract. The ball is in the buyer's court. They have a choice. They can sue to move forward with the transaction or withdraw their offer. Agents may also sue for breach of contract as they are at financial risk of losing their commission.

As a buyer, you have the option of suing for breach of contract. Judges often order the seller to sign over the deed and complete the sale. You can also sue for damages, but most buyers choose to sue for the property.

The seller is also subject to some serious financial consequences. The judge may allow the seller to keep the property, however, the seller will need to adjust the expenses incurred by the buyer during the entire period of house showing and legal work. They must also return any security deposit. The seller often also must pay the buyer's legal fees, along with their own, which could be a harsh penalty.

Create A Comprehensive Purchase and Sale Agreement

The purchase and sale is the contract that bears the details. A well-written purchase and sale contain clauses in clear language as to when a buyer or seller can back out of a sale without legal consequences.

One of the most frequently asked questions is if a seller can back out should they get a better offer from another potential buyer. A purchase and sale agreement protects you. Once an offer has been accepted and a contract signed, a seller can no longer accept another offer. That being said, it could happen, but the truth is that buyers often have more to lose, along with disappointment if a sale falls short because of a seller.

The purchase and sale agreement provides protection to both parties. Few legal options can provide an escape without penalties both legal and financial. A well-written and negotiated purchase and sale can certainly reduce the chances to back out of an agreement.