Chicago, IL asked in Consumer Law and Real Estate Law for Illinois

Q: Can house buyers refuse to cancel contract if they never responded to modification requests during attorney review?

We are selling our house and got an offer which we accepted, during attorney review period we got verbal requests through their realtor but nothing through their attorney. We also made one request to change the contract through our attorney. As of the last day of the review the buyers had not contacted their own attorney nor provided him with a copy of the contract. In the past few days we got a better cash offer and we still have not gotten any kind of a response from the original buyers. We want to get out of the existing contract and go with the new buyers. Based on the contact it says if both parties don't agree to the terms within attorney review we can cancel but it's not what our lawyer is saying. Our attorney seems to think that unless the existing buyers agree to let us out we cannot cancel the contract even though they never responded to our request nor submitted anything through their own attorney. Does that sound right?

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1 Lawyer Answer
Steve McCann
Steve McCann
Answered
  • Consumer Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Since you are currently represented by an attorney, all of your questions should be directed to him/her. If you are not satisfied with your attorney's response, then consider terminating him/her and hiring a new attorney, as this should be an extremely simple situation to rectify. I would recommend acting quickly if you got a better cash offer, as there are numerous ways to get out of your current contract.

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