Melbourne, FL asked in Contracts and Real Estate Law for Florida

Q: Can a seller decide not to sell and cancel a fully execute contract, taking home off the market?

The contract price being below the original asking price.

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2 Lawyer Answers

A: Based upon your question and the statement that you have a fully executed contract the seller cannot legally cancel the contract. You have the right to seek specific performance. I suggest that you speak with a real estate attorney in your area to discuss the specifics of the contract.

A: The short answer is no. A written contract with all the essential elements included and for which consideration is given (like a deposit, although there is case law that says no monetary consideration need be paid for the contract to be effective), and that includes who, what, where, when and how much - should be completely enforceable.

If seller refuses to sell then you may be entitled to bring an action for specific performance.

An attorney review of your contract should lead you to the right advice.

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