Home Sale Canceled

Added December 14, 2006 by Ilyce R. Glink and Samuel J. Tamkin

Summary: A home buyer bought a new home but had the purchase canceled -- only to find the home on the market again. If the buyer agreed to terminate the purchase and sale agreement, there is no recourse the buyer can take against the seller. The buyer can try to buy the home again but might be better off moving home.

Q: A month ago we signed an agreement with a seller to buy their property.

Shortly after the home inspection was completed, the seller's agent contacted my agent to let him know that, because the sellers are in the military and their transfer wasn't going to happen for "at least another year," they were not going to sell the house.

It's now back on the market -- ironically on the weekend that I was supposed to be moving into it.

Is there any recourse for either my agent or myself?

A: If you agreed to terminate the purchase and sale agreement and got your down payment money back under the circumstances you described, you don't have any recourse against the seller or the listing broker.

The house is back on the market and if you want to approach them and buy it you can try. If you already bought a different house, you should move on.

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