Alpharetta, GA asked in Tax Law for South Carolina

Q: Can a person that sold their home/property, which has delinquent taxes owed, to a broker/realtor back out of the sale?

It was sold to the realtor in May 2024 and is advertised online but hasn't been bought yet.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you've sold your home or property to a broker or realtor and there are delinquent taxes owed, whether you can back out of the sale depends on the terms of the contract you signed. Most real estate contracts are legally binding, meaning once you've signed, you are committed to the sale unless there is a specific clause that allows you to cancel. You should review the contract carefully to see if there are any contingencies or conditions that would allow you to withdraw from the agreement.

Additionally, if the realtor has already taken steps, such as advertising the property or making any financial investments, they may be entitled to compensation or could potentially take legal action to enforce the sale. If the property is still listed and hasn’t been bought by a new buyer yet, it might be possible to negotiate a termination of the agreement, but this would likely require consent from the realtor and might involve additional fees or penalties.

It's essential to consult with a legal professional who can examine the details of your contract and advise you on your rights and options. Understanding the specific laws in South Carolina regarding real estate transactions and delinquent taxes can help you navigate this situation more effectively. Taking immediate action can prevent complications and potential financial consequences.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.