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Purchase agreements usually include contingencies or situations in which you can back out of the contract without penalty. As long as you're pulling out of the purchase due to one of the contingencies listed on the purchase agreement, you're golden. If not, you may lose money.
An unconditional contract means there are no preconditions. The buyer and the seller are legally obliged to follow through with the sale you can't back out.
After the exchange of contracts, all parties involved are legally bound to the contract and must adhere to its terms. Pulling out of a property sale or purchase after this stage could result in serious legal or financial penalties. When you sign and exchange contracts, you are legally committing to the transaction.
In short: Yes, buyers can typically back out of buying a house before closing. However, once both parties have signed the purchase agreement, backing out becomes more complex, particularly if your goal is to avoid losing your earnest money deposit.
If you're backing out of an offer without a contingency, you risk losing your earnest money. Since you put that money down based on the promise you'll follow through with the contract, backing out for any reason that's not outlined in the agreement means the seller is legally permitted to keep your money.
If there are no valid reasons for you to back out of the sale, you will most likely lose that deposit. This money compensates the seller for the time the home was off the market. However, if you withdraw the offer before the seller signs, you should be able to back out without any consequences.
The General Rule: Contracts Are Effective When Signed Unless a contract contains a specific rescission clause that grants the right for a party to cancel the contract within a certain amount of time, a party cannot back out of a contract once they have agreed and signed it.
Despite having a home purchase agreement, earnest money, and contingencies in place, both buyers and sellers can back out of purchasing or selling a home.