I often get asked by buyers if they can terminate a real estate contract they’ve signed due to a change of heart or because they found a different house they like better. First, consult your attorney for legal advice specific to your situation. However, oftentimes, if the contract has been executed, meaning both the buyers and sellers have signed it, in the DC area there are a few ways to get out of the contract. Usually, once a contract has been executed there is an inspection period, often five to seven days. During this time the inspection will occur and you can get estimates for any work you would like to do to the property. In most contracts, there is a clause where if you are unhappy with something in the inspection report you as the buyer can get out of the contract and get your earnest money refunded to you. Typically, the buyer’s agent will write a letter to the seller’s agent saying the buyer would like to get out of the contract due to inspection issues. The buyer’s Realtor will attach a form which the buyers and sellers sign asking for a refund of the earnest money. If a buyer is purchasing a condo, cooperative or townhouse with an HOA there is a document review period, and similar to the inspection, if there is anything you do not agree with the contract can be cancelled. All of this has to happen before the end of the contingency period. Once the inspection contingency period and HOA document review has ended, it is very difficult, if not impossible, to get out of an executed contract for the purchase of a home.
Questions? Call me at 202.821.5145 or email me at [email protected].