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No, the buyer does not have 3 days to back out. In the State of California in a real estate purchase contract there are a number of contingencies that must be met before the contract moves forward.
A closing date listed in a sales contract is legally binding. In most cases, if the buyer is not ready to close by that date, the seller can cancel the sale. Some alternatives to canceling the contract can benefit both the buyer and the seller. Extension: The seller can offer an extension of time to the buyer.
Although failure to close by the seller on the specified contract date might result in breach of contract, a buyer must be able to prove actual damages before a court will award monetary compensation.As such, courts will award damages if a buyer can prove a quantifiable amount.
There is a federal law (and similar laws in every state) allowing consumers to cancel contracts made with a door-to-door salesperson within three days of signing. The three-day period is called a "cooling off" period.
There is no automatic three day right to cancel, but most real estate contracts have other "contingencies" such as financing or inspection that would give a buyer a right to cancel for specific reasons.
There's nothing simple about buying or selling a house. Both parties must sign a mountain of paperwork at the closing table.And when something does, a mortgage loan closing date can be pushed back, even when a home's seller and buyer both agreed on a specific date. Don't panic if this happens.
If the closing date is missed, at a minimum, the contract is in jeopardy; the worst-case scenario is the contract has expired. The typical action is to extend the closing date, but the sellers might not agree.
When the closing date was originally determined and the contract signed by both parties, that contract is binding. When the buyer misses the closing date, the seller has the right to terminate the contract and re-list the house for sale or contact other parties who had previously made offers on the property.
To be perfectly clear, you can always back out of a real estate purchase contract at any time before closing. There's no way the seller can force you to actually purchase the home. However, if there's no valid reason for backing out as defined in the contract, you'll likely lose your earnest deposit.