selling house under contract
the contract is a legally binding agreement, and both parties must perform their contractual obligations or risk a lawsuit for breaching the contract. the law is a complicated thing, however, and there are circumstances under which a seller may have the option of backing out after all. a sales contract between you and the seller is a legally binding agreement, but don’t assume the deal exists just because you both signed on the dotted line. in california and other states, a contract isn’t legally binding until something of value gets exchanged. as a buyer, you probably wanted to put some safeguards into your contract. you may have, for example, added a contingency stating that you may cancel the sale if your current home fails to sell or if your mortgage financing falls through. the standard residential purchase agreement published by the california association of realtors, for example, contains a clause permitting the seller to cancel if the buyer fails to deposit certain monies into escrow by a specified time. if a seller cancels the sale under a viable clause in the sale contract, you must generally accept the cancellation and move on.