Dayton, OH asked in Real Estate Law for Ohio

Q: As a seller, can I back out of a contract because the close date went longer than what was noted in the contract?

Contract read that close would be on or before 6/28. Closing was set for 7/1. Having sellers remorse and looking for an out that can’t be legally challenged.

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: Any "out" can be legally challenged. If the buyer demands to close the sale, and seller refuses, buyer can sue. That would tie up the property and prevent a sale until resolved. Communicate with buyer to resolve it, terminate the contract, or use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise you.

Bruce Martin Broyles
Bruce Martin Broyles
Answered
  • Lancaster, OH
  • Licensed in Ohio

A: If you were involved in scheduling the closing or have acquiesced, I do not think this sounds like a material breach. But you could cancel the contract and maybe the purchaser will not be willing to fight

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