Brooklyn, NY asked in Business Law, Contracts and Elder Law for New York

Q: I’m in contact to sell my home but because of illness we decided to move back.

3 Lawyer Answers

A: The purchaser may sue you for specific performance.

Jack

Tim Akpinar agrees with this answer

A: You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.

Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer does, which means you would at a significant disadvantage— but regardless, you should have your own counsel because once you sign a contract you are bound by its terms; including the provision that says you are agreeing to convey the property. You may have an exit but you need someone to review the contract and the facts as they are.

Tim Akpinar agrees with this answer

A: I'm sorry for your illness. My colleagues raise valid points. In addition to the terms of the contract, these settings could also depend on the personalities of the parties involved - how sympathetic the other side could be to your plight, the other side's position in terms of being squeezed they are to move because they already sold their home or did not renew their lease, and other factors. A contract is a contract, but that doesn't mean that attorneys for both sides cannot open the door to discussion for practical solutions that take into consideration personal hardships. I hope you are able to find a viable solution. Good luck

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