Houston, TX asked in Contracts and Real Estate Law for Texas

Q: If seller cashes 4000 downpayment check and just wants 2 minor things done to contract can he back out.

We were in a verbal agreement and I changed what he wanted changed on contract and he cashes the down payment check, but now he says he has a better offer and he dont want to sell to me he wants to accept the other offer. Can he do that

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
Answered
  • Houston, TX
  • Licensed in Texas

A: In order to be enforceable, contracts to buy or sell real estate have to be in writing. So yes, he can back out of the deal, but he'll need to refund your down payment.

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