Nearhood Law Offices, PLC | Founded in 1986

Serving Clients Throughout Arizona
Call 888-428-2609

  • Home
  • Firm Overview
  • Attorney Profiles
    • James R. Nearhood
    • Laura M. Stover
    • Stephen J. Schutz
  • Areas Of Practice
    • Real Estate Law
    • Construction Law
    • Business Organizations
    • Property Tax
    • Estate Planning
  • Articles
  • Blog
  • Contact
Nearhood Law Offices, PLC | Founded in 1986
888-428-2609
  • Home
  • Firm Overview
  • Attorney Profiles
    • James R. Nearhood
    • Laura M. Stover
    • Stephen J. Schutz
  • Areas Of Practice
    • Real Estate
    • Construction Law
    • Business Organizations
    • Property Tax
    • Estate Planning
  • Newsletters
  • Articles
  • Blog
  • Contact

Practical Legal Solutions From An Experienced Team

  1. Home
  2.  » 
  3. Residential Real Estate Transactions
  4.  » 
  5. When your buyer backs out of a real estate deal

When your buyer backs out of a real estate deal

On Behalf of Nearhood Law Offices, PLC | Sep 12, 2022 | Residential Real Estate Transactions |

It’s every seller’s nightmare: they’ve found a buyer for their home, the contract is signed, and a closing date is set. But then the buyer gets cold feet and decides to back out of the deal. 

Does the seller have any recourse? The answer is, “It depends.”

Consequences for both the seller and buyer

A real estate deal is a complex and legally binding transaction, and there can be significant ramifications if a buyer decides to back out. For the seller, it can mean lost time and money spent on marketing the property and negotiating with other buyers. It can also cause emotional distress, as the seller may have already been counting on the sale to go through.

Most purchase agreements will include contingency clauses that allow the buyer to cancel the deal if certain conditions are not met, such as not being able to obtain financing or if the home doesn’t pass inspection. 

However, if the buyer backs out without a valid reason, they may be required to forfeit their earnest money deposit. It is usually 1-2% of the purchase price, which could be a substantial amount of money on a more expensive house. Therefore, it is important for buyers to carefully consider all of the risks before reneging on a real estate deal.

If the buyer gets cold feet and decides to back out of the sale, the seller may have legal recourse and potentially sue the buyer for breach of contract. Sometimes, a court may order the buyer to pay the seller’s legal fees and any other damages awarded. If you’re in this position, it’s wisest to get legal guidance.

Categories

  • Business Law
  • Commercial and Residential Leases
  • Construction Disputes
  • Developing Real Estate
  • Estate Planning
  • Firm News
  • Property Taxes
  • Residential Real Estate Transactions
  • Uncategorized

Archives

Recent Posts

  • Breaking your Arizona commercial lease: Legal exit strategies
  • What is a silent partner?
  • What happens if a house doesn’t pass inspection?
  • Policies and procedures every business should have
  • When your buyer backs out of a real estate deal

RSS Feed

Subscribe To This Blog’s Feed

How Can We Help?

Nearhood Law Offices, PLC | Founded in 1986
7537 E. McDonald Drive
Scottsdale, AZ 85250

 Scottsdale Law Office

Make A Payment

Phone: 888-428-2609

Fax: 480-306-8552

Make A Payment
  • Follow
Review Us

© 2026 Nearhood Law Offices, PLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

© 2026 Nearhood Law Offices, PLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

Review Us