Tuscaloosa, AL asked in Contracts for Alabama

Q: If a seller of a home has signed a contract with a buyer, can the seller back out of the deal ?

The seller is 70 yrs. old and on disability and is not able to move. I know he should have thought about this before signing the contract, but he didn't.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: An Alabama attorney could answer best, but your question remains open for three weeks. As a general premise of contract law, such a contingency doesn't generally provide an out. I'm sorry for this sad situation. Maybe review by an Alabama real estate attorney (if one is not already representing the seller) could identify some avenue for negotiation, or convince the purchaser to have sympathy in the event of a breach if it comes to that. But unfortunately, such circumstances, however upsetting, don't generally excuse performance. I hope a means presents itself for this to be resolved compassionately. Good luck

Tim Akpinar

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