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First, in Oklahoma it is required to have some form of consideration, in this case money, accompanying a contract in order for the contract to be legally binding. Second, a contract to purchase a house is also a contract not to sell the house to anyone else.
To establish legality, a real estate contract must include a legal purpose, legally competent parties, agreement by offer and acceptance, consideration, and consent.
If that happens then technically, as per the Oklahoma real estate contract, you would receive a refund for your earnest money because you were denied a loan and you can't buy the house. However, both buyer and seller still have to agree.
Cancelling an agreement of sale is only possible should there be a basis in law for doing so. An agreement can be cancelled under the following circumstances: The agreement of sale can be cancelled based on a clause contained in the agreement.
In Oklahoma, a seller can get out of a real estate contract if the buyer's contingencies are not metthese include financial, appraisal, inspection, insurance, or home sale contingencies agreed to in the contract. Sellers might have additional exit opportunities with unique situations also such as an estate sale.
There are four essential elements of a valid contract: capable parties; 2022 mutual consent; 2022 legal object; and 2022 consideration.
If a seller changes their mind before they are bound under the contract of sale, usually the seller will be able to change their mind and walk away from the deal at that point.
There are five essential elements in a contract which include the following: offer, which is a promise and a demand of some sort; acceptance, which is the agreement to the terms of the offer presented; consideration, which is what is actually presented in exchange for the something in the contract; capacity, which
Can seller back out? Yes, it is possible. That is, if the seller can offer compensation to the buyer or if the buyer regrets his purchase. Timing is also of essence things will be much easier before the purchase agreement is signed.
Therefore, for a valid contract there must be an agreement and that agreement should be based upon the free consent of the parties to the contract and there must be lawful consideration as well as the object should be lawful and parties who are entering into the contract they must be competent to enter into the