Enter the complicated world of real estates


How to Terminate the Real Estate Contract

A real estate sale is usually initiated by anbrought up by inspections. It is crucial to
offer from the buyer to the seller, writtenget inspections done, deliver repair
on a real estate contract form, and backed byrequests, and negotiate contract amendments,
a monetary deposit. If the seller acceptsor, if necessary, terminate the contract, all
the offer, the buyer and the seller are boundwithin the time guidelines set by the
by a legally binding contract. While thecontract.Contingency for Sale of Other
forms vary by locality, the essential termsPropertyIn some cases the buyer may have a
include the offer amount, legal description,contingency for the sale of a certain
names of the parties, and date of closing.property, usually the buyer's current home.
In addition to these terms, the contractIf this property does not close by a certain
interweaves numerous contingencies,date, the buyer may have to terminate. As
disclosures of information, and procedureswith other termination procedures, giving
that dictate responsibilities of buyer andnotice to the seller within the required time
seller. The contract is the road map thatis critical. By allowing this type of
takes you all the way through to closing. Itcontingency the seller has accepted the risk
is very important to understand its terms andthat the contract may not close.Lead Paint
follow them carefully. If it becomesContingencyFederal law requires that sellers
necessary to terminate the contract, yourof homes built prior to 1978 notify the buyer
close adherence to contract terms andof any knowledge or inspections that they may
procedures is critical.Loan ContingencyYourhave regarding lead paint. The buyers are
contract may contain a provision that theallowed a period of time to review materials
buyer must be approved for a specificand conduct their own inspections. If lead
mortgage loan and interest rate. If thepaint is found, the buyer may terminate the
mortgage cannot be obtained within thecontract within the prescribed time frame.We
prescribed time, the buyer may terminate thehave touched on the most common termination
contract and receive a refund of deposit. Ifclauses in standard real estate contracts in
it becomes necessary to terminate under thisTexas. Contracts used in other states, or
contingency, you should be prepared toprovided by builders for new homes, or
document that you took prompt action towritten by an attorney for a particular
obtain the loan, received a writtentransaction will vary greatly in the
rejection, and gave notice to the sellercontingencies and terminations clauses
within the time limit set by theincluded. In addition, there may be ways to
contract.Termination based on creditterminate your particular contract, other
disapproval is likely to cause anger andthan through contingency clauses.The
disappointment on the part of the seller.important thing to remember is that the
The seller may feel that he has been misledcontract of sale is of primary importance to
into signing a contract with an unqualifiedthe real estate transaction. If you follow
buyer. When anger and strong emotions enterthe terms of the contract and act within time
into the transaction they may lead tolimits, you may exercise the termination
difficulty in resolving the termination.Titlerights that the contract contains. If you
and Survey ReviewContracts usually provide afail to follow the terms, most contracts
title review period for the buyer. The buyerstate that you have waived the right to
may object in writing to defects noted in theterminate.After you have given the seller
title documents. If title defects cannot benotice of termination, two closely related
cured, you have the right to terminate.In thesteps must follow: The parties must formally
same vein, the buyer usually has the right toterminate the contract, and the earnest money
review a survey of the property. Ifdeposit must be released. If the buyer and
construction is found to overlap buildingseller agree to the termination, their
lines, or if there are encroachments on theagreement is usually formalized by signing a
property, you may choose to terminate yourtermination form. In Texas we have an
contract."earnest money release" form that handles
both steps - it releases the parties from
It is worthwhile to promptly consult anfurther obligations under the contract, and
attorney if you have some concerns about theinstructs the escrow company to give the
title documents or survey. Your objection todeposit to one party or the other. It is
title or survey problems must be made inusually in the best interest of all parties
writing within the time frame allowed by theto resolve the earnest money and contract
contract.Review of Seller's DisclosureIntermination issues as soon as possible.If the
Texas, sellers (with some exceptions) arebuyer and seller cannot agree that the
required by law to provide a seller'scontract is terminated, the matter could lead
disclosure notice to the buyer. On thisto prolonged negotiation and possibly,
form, the seller answers questions andlitigation. In most cases, it is in the
provides information about the property. Ifseller's best interest to have formal
the buyer receives the form after thetermination of the contract, freeing him to
contract has been created, he may terminateput the property back on the market.
the contract within a certain number of daysHowever, occasionally, even when it is clear
after receiving the seller's disclosure. Thethat the buyer has followed contract
receipt date of the disclosure should beprocedures, the seller may prolong the formal
documented in order to establish the starttermination process. The seller may want to
date of the review period. Be careful toreceive compensation from the buyer for the
avoid confusion about when a time perioddelay in selling the property. Buyer and
starts running.Mandatory HOA ReviewIn areasseller may have conflicting points of view of
where there is a mandatory homeownersthe issue. The non- settlement of
association, the Texas contract allows thetermination issues can result in additional
buyer a period of time to review Subdivisiontime and money, and cause unwanted
Information. This information is normallystress.Most buyers do not enter a real estate
supplied by the HOA manager after thecontract with the intention of terminating.
contract is created. After receipt, theHowever, buyers must not take for granted
buyer has the right to review the documents,that all will go as expected. If a
and possibly terminate the contract. Again,contingency date lapses, you will lose the
the termination notice must be given withinbenefit and protection of the contingency. A
the time limits in the contract.Inspectiongood Realtor, in addition to helping you find
ContingencyContract procedures to allow thethe property, can be invaluable in helping
buyer to conduct inspections of the propertyyou to meet your obligations under the
vary from region to region. In some areas,contract and, if necessary, exercise your
the buyer may terminate if repairs exceed aright to terminate.Disclaimer: This article
pre-agreed dollar amount, and seller declinesis provided as a service to the public.
to make the additional repairs. In Texas,Nothing in this article is intended to serve
the buyer is allowed an "option period,"as legal advice, or as a substitute for legal
during which time he has the unrestrictedadvice tailored to your specific situation
right to terminate the contract.and jurisdiction. If you have a question
Inspections are done within the optionabout an issue discussed in this article, you
period.Inspection issues are the most commonshould consult an attorney directly.Roselind
reason for contract termination. During theHejl is a Realtor with Coldwell Banker United
inspection period, there is usually somein Austin, Texas. Her website - - offers
re-negotiation of the price or terms in orderhomes for sale, market trends, buyer and
to resolve repair issues that have beenseller guides.



1 A B C D E F 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137