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How Can a Seller Terminate the Contract?

In today’s crazy market, when there is a shortage of listings and as soon as a house comes to the market there would be several offers next day with full price or higher, Sellers want more and more and don’t negotiate or compromise. This has caused some unusual problems that we don’t have a pre-defined solution or even approved form to handle it. Among those is an example show below:

The Seller has accepted an offer and executed the contract. But, due to high demand and market shifts toward Sellers, he thinks he could get much higher for his house and wants to terminate the contract, of course legally and ending up with no penalty. 

But, at least for state of Texas, there is no promulgated form by the Texas Real Estate Commission (TREC) or by Texas Association of REALTORS® that takes care of this situation. I have not seen any form or case that allows Seller to terminate contract, without Buyer agreement, unless Buyer cannot close on the specific agreed date or the lender does not approve the property.

That is interesting since I can come up with 17 different scenarios that Buyer can terminate the contract legally without any consequences and gets his earnest money back, but there is no single case that Sellers (Builders are exception) can terminate the contract legally without consequences.

Problem:
Seller has changed his mind and wants to get out of the contract without any consequences, But Buyer wants to go head with the contract and doesn’t want to terminate the contract.

If you have seen similar situation and have a proposed solution, please share it with us.

Contact us about your Real Estate Questions

Equal Housing Opportunity Commission Bahman Davani REALTOR Bahman F. Davani

 Mortgage Loan Originator,
 NMLS ID# 955386
 Real Estate Broker
 Mobile: 214-457-7055

Bahman@utopiamortgage.net 

Apply For the Loan
Utopia.my1003app.com/955386

Utopia Mortgage, LLC.
NMLS ID: 2421702
5485 Summerhill Road
Texarkana, TX 75503

MORTGAGE COMPANY COMPLAINT/RECOVERY FUND NOTICE

     With the pride of living and working over 43 years in the Dallas/Fort Worth (DFW) areas, I am proud to serve as your Mortgage Loan Officer and Real Estate Broker. Please keep me in mind should you need any Real Estate and or Mortgage Loan services.

Bahman Davani
Phone: 214-457-7055 
Bahman@UtopiaMortgage.net

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