Massachusetts Cancellation of Contract by Seller for Breach of Contract of Buyer
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How to fill out Cancellation Of Contract By Seller For Breach Of Contract Of Buyer?
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FAQ
If the contract doesn't contain liquidated damages language, you can sue the buyer for damages or for specific performance. In a suit for damages, you attempt to recover the amount of money that you lost as a result of the buyer's breach.
The language of real estate contracts is typically written to protect home buyers. And in many cases, a home seller who reneges on a purchase contract can be sued for breach of contract. A judge could order the seller to sign over a deed and complete the sale anyway.
The seller can back out for reasons written into the contract, including (but not limited to) contingencies. The buyer is in breach of the contract. If the buyer is ?failing to perform? ? a legal term meaning that they're not holding up their side of the contract ? the seller can likely get out of the contract.
If the seller breaches the agreement, the buyer is entitled to recover consequential damages that were reasonably foreseeable at the time of contracting and actually known or communicated to the seller. This includes lost profits, which are generally not recoverable under Civ.
To cancel the contract, you must notify the seller in writing no later than midnight of the third business day after you signed the contract. The seller must return your payment within ten business days after receipt of your cancellation notice.
Purchase agreements often contain contingencies, such as a deadline for the buyer to gain financing or for a home inspection to be done. If you, as a buyer, don't meet those deadlines, the seller can cancel the purchase agreement without a penalty.
In Massachusetts, an offer to purchase is a binding, enforceable contract to sell real estate. With a form contract, a buyer can sue for specific performance if a seller tries to terminate the contract or otherwise breaches it.
The two main avenues a seller can use to cancel a contract legally are: For reasons spelled out in the contract. The seller can back out for reasons written into the contract, including (but not limited to) contingencies. The buyer is in breach of the contract.
