Everett, WA asked in Contracts and Real Estate Law for Virginia

Q: I signed contract purchase agreement, if I default as buyer, what are my risk beside loss of earnest funds?

With being out of the market and not familiar with Lynchburg, VA real estate Law. If I as buyer of a property am unable to fulfil the obligations of the contract by completing the purchase. Is there any risk that I face for being sued? Is there a precedent set that would be a set cost or is this completely unknown? The real estate agent is leading me to believe that if I walk away from the deal the seller will not let me out of the contact. I am concerned as the agent is representing both sides of the sell and he might be giving me misleading information to close the sell and get paid. How likely is the seller to come after me for funds of not buying? We are already past the contingencies and approved for the loan, however, I recently was informed about a financial hardship related to an accident my son had a few months back and this will prevent me from moving forward with completing the purchase.

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: There seems to be a widespread belief that the paper you signed, often called the purchase agreement or the sales agreement or the contract, is irrelevant because they are all the same. They are not. Further, there is appears to be a widespread belief that an interview to determine all of the facts isn’t needed, because the only relevant facts are the ones clients are focused on when they think they are in trouble. That is also false. Finally, there seems to be a widespread belief that realtors, who are only paid when a sale goes to closing, are going to advise them how to get out of the contract that pays the realtor. At least, you do not seem to suffer completely from that misstatement, though you are focused on the conflict of interest in dual representation instead of the more obvious self-interest of the agent.

You need a consult with a qualified lawyer who can review your contract and your facts. You need that quickly, and you would probably get it quicker and cheaper if you buy that from a lawyer familiar with Virginia real estate sales contracts. The others can probably also read the contract, but a lawyer familiar with Virginia real estate contracts will be able to do in an hour or two what others will do in four or five hours.

Until I read the agreement, I don’t know. I do know that the doctrine of impossibility, which is brought to mind by your mention of your son’s accident, is a tiny exception in Virginia and is unlikely to be relevant to anything other than proving your desire to breach. Don’t discuss that in an open forum on the web.

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