Los Angeles, CA asked in Civil Litigation, Contracts and Real Estate Law for California

Q: If someone signed a contract to buy a home and the person buying the home hasn't paid the money yet and the person can

The seller sell to so.eone eles

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: The answer to this question depends on the specific terms and conditions outlined in the contract that was signed by the buyer and seller.

If the contract includes a contingency period, which is a specified period of time during which the buyer can perform due diligence on the property and finalize financing, the seller may be able to sell to someone else if the buyer does not meet the terms of the contract within that period.

However, if the contract does not include a contingency period and the buyer has not yet paid the agreed-upon purchase price, the seller may not be able to legally sell the property to someone else without first resolving the contractual obligations with the original buyer.

If the buyer has breached the contract by failing to pay the purchase price, the seller may be able to terminate the contract and seek damages for any losses incurred as a result of the breach.

It's important to consult with an attorney who can review the specific terms of the contract and provide guidance on the best course of action. An experienced attorney can also help negotiate with the buyer to resolve any contractual disputes and protect the seller's legal rights and interests.

Contact my office for a free consultation if you want further assistance.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: It could depend on the terms of the contract. If you have an attorney representing you, they should be able to advise on this. If you don't have an attorney and it is a complex multi-page real estate contract, you may want to consider consulting with an attorney. Good luck

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