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What if You Change Your Mind About Purchasing a Property

By
Real Estate Agent with Aspen Lane Real Estate Colorful Colorado CRE# 40005863

 

What if You Change Your Mind About Purchasing a Property

 

home for saleLet’s say you wrote a Contract to Buy and Sell for a specific property and after a couple of days you change your mind about proceeding with the purchase.  Is there a way out where you can get your earnest money refunded?

 

In Colorado, the contract has deadlines that allow the buyer to terminate and still protect their earnest money. 

 

With the age of electronic contracts, it is typical to execute a contract without turning over the earnest money.  Typically, the deadline for earnest money delivery is 3 days after executing the contract.  Without the earnest money, the contract is not binding.  There must be monetary consideration for the offer to be a bona fide contract.  If you have not turned in earnest money and have decided to cancel the contract, this is your first opportunity to cancel.

 

There are also other deadlines which protect the buyer and offer an opportunity to cancel the contract.  Those deadlines are:

 

Homeowner’s Association Documents Objection Deadline

 

Loan Objection Deadline

 

Inspection Objection Deadline

 

Property Insurance Objection Deadline

 

I have seen buyer’s cancel a contract based on the Inspection Objection Deadline.  They do not need to perform an inspection to utilize this objection.  They simply need to notify all parties in writing that they will be cancelling the contract before this deadline and request their earnest money be returned.

 

Purchasing a home is a big investment and one that should not be taken lightly.  Thought and consideration should go in to the process before executing a Contract to Buy.  But sometimes in life, things occur that interfere with our best laid plans.  Sometimes it is best to regroup and begin the process again once all your ducks are in a row.

 

 

 

Comments(27)

Pillar To Post of SW Washington
Pillar To Post of SW Washington - Vancouver, WA
Over 39,000 inspections performed since 1998!

We have seen purchase transactions, with the best laid plans, fizzle quickly, to our dismay, because a buyer gets cold feet for one reason or another.  All parties in the potential transaction, including the title company, mortgage broker, inspector, to the realtors work tirelessly for their clients. When that happens, you 'put on your boots'  and keep moving along with your chin up!  

Jan 29, 2014 02:02 AM
Anonymous
Lesley Moll
Technically, in Canada, clauses like inspection and financing are not supposed to be used as an escape clause due to Buyer's Remorse. Our contract law works on good faith and this would likely not be considered good faith by a judge if it made it to litigation. In Ontario the deposit is due in the hands of the Seller's Representation within 24 hours (unless other arrangements are laid out in the contract). Failure to meet the deadline though does not kill the deal and a judge might not take it too well if it was determined that the Buyer didn't deliver because they changed their mind (back to that good faith thing). Purchasing is a serious decision and Buyer's should be made aware that they should not be putting in offers willy-nilly. Seller's have needs too and don't deserved to be jerked around by Buyer's who are not considering their decisions. A Seller could lose a serious Buyer. Obviously, there are times in life where situations change. I have had deals fall through due to mutual agreement between the Buyer and Seller, but not often. Just my $.02 CDN.
Jan 29, 2014 02:34 AM
#8
Shannon Milligan, Richmond VA Real Estate Agent/Associate Broker
RVA Home Team - Richmond, VA
RVA Home Team - Winning with Integrity.

Good point about the EMD.

Here is to rarely having to use an out!

Have a great week!

Jan 29, 2014 03:41 AM
Toni Weidman
Sailwinds Realty - Trinity, FL
20+ Years Selling Homes in New Port Richey, FL

It's better to have a change of mind in the beginning, Belinda, rather than almost closing time. 

Jan 29, 2014 04:07 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Just had a buyer back out of 3 contracts. There was an inspection clause that saved the deposit. Buyers remorse is not a good reason.

Jan 29, 2014 04:20 AM
Roger D. Mucci
Shaken...with a Twist 216.633.2092 - Euclid, OH
Lets shake things up at your home today!

As disappointing as it may be for the sellers, it's best to happen early on rather than further into the transaction and closer to closing.  Congratulation on the Feature.

Jan 29, 2014 04:43 AM
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Paul Simon sang 'there must be 50 wasy to leave your lover". There are even more ways to get out of a contract and get you EM back in Oklahoma.

Jan 29, 2014 06:43 AM
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Belinda,

Your explanation is excellent and easy to understand.  I like Joe's comment on Paul Simon's song...I have a friend who wooed her husband with that song...LOL A

Jan 29, 2014 07:35 AM
Karen Feltman
Cedar Rapids/Iowa City, IA KW Legacy Group - Cedar Rapids, IA
Relocation Specialist in Cedar Rapids, Iowa

This is why I am careful about putting a sale pending sign on a listing.  We continue to show until the inspections are completed and sometimes, even until the appraisal is completed before listing the home as pending.  It makes buyers nervous to know other buyers are viewing the property and it keeps them on track as well.  Thank you for sharing.

Jan 29, 2014 07:56 AM
Belinda Spillman
Aspen Lane Real Estate Colorful Colorado - Aurora, CO
Colorado Living!

None of us likes the idea of buyers backing out of contracts, but they need to make sure they are going to be satisfied after the closing.  I love Joe's comment about "50 Ways to Leave Your Lover". 

Jan 29, 2014 08:06 AM
Fred Cope
Reliant Realty in Nashville, TN - Nashville, TN
Looking For Homes With A Smile

Belinda, this is worthy of our thought.  I understand the three days to post earnest money deposit to be an administrative concession to the broker/agent, and not a seller's concession to a buyer.  We are representing, in the purchase agreement, to the seller that buyer has tendered in good faith a specified amount of money to be held in escrow by designated broker...

I understand things happen--I have witnessed such; but I would be slow to suggest to a buyer that it is no problem to walk.  On the contrary, I would be stressing that their execution of the purchase agreement comes after their giving thought and consideration [implication is "are you sure?, then are you ready to do this"].

Another part of this discussion should be as a caution to REALTORS® that we not pressure buyers into making decisions (multi-offers or not).  Haste makes waste.  About all I can do is encourage them to discuss making an offer, to weigh their decision, and to count the cost.  Yes, there are times when termination is the right thing to do.  Let us do it with good reason and full agreement.

Jan 29, 2014 08:12 AM
Marc McMaster
RE/MAX Centre Realty - State College, PA
Putting my clients before myself

These days contracts are written with buyers in mind and it's pretty easy to get out. 

Jan 29, 2014 08:16 AM
Robert Vegas Bob Swetz
Las Vegas, NV

Hello Belinda ... interesting post with some great comments, thanks for the read!

VB

Jan 29, 2014 10:59 AM
ROBY THOMAS
RE Realty Experts - Fremont, CA
Quality Real Estate Services for Real.

Nice post Belinda, it makes sense.

Jan 29, 2014 11:14 AM
Jimmy Faulkner
Florida. Homes Realty & Mortgage - Wantagh, NY
The Best Of St. Augustine

Buyers have always had many opportunities to back out of a transaction, and that is why it iss important to really interview the buyer before signing a contract.

Jan 29, 2014 01:01 PM
Peter den Boer
Atlanta Communities - Woodstock, GA
MBA,GRI, Associate Broker, Realtor

Belinda - Always interesting to me to see how the states have different rules and regulations for how Real Estate is handled. Good post!

Jan 29, 2014 09:56 PM
Belinda Spillman
Aspen Lane Real Estate Colorful Colorado - Aurora, CO
Colorado Living!

Hi Guys.  I agree that contracts are written with a slant to protecting the buyer and not the seller. 

Jan 29, 2014 11:43 PM
Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Brenda-Most do not begin a negotiation with an idea of backing out once an  agreement is reached. But it is a good idea to know escape options before it's too late.

Jan 30, 2014 01:38 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Belinda, This is critical for all buyers and sellers to understand about any offer to purchase. What is the release process if one should change their mind? When can they do it, how is it done, when it is too late. Great post!  Congrats on the Feature.

 

Jan 30, 2014 11:03 AM
Tg Glazer - The Right Realtor® for the Right Results!
Coldwell Banker, Westfield, NJ - Cranford, NJ
Westfield/Cranford, NJ area

Just goes to show how different things can be in different states.  Here in NJ, we have an "attorney review" period after the contract is signed.  During this period, the we are not officially "under contract" and either party can cancel for no reason at all.  Once out of attorney review, and under contract, the contract cannot be cancelled without penalty unless there is no meeting of the minds for inspection issues or an inability to procure a mortgage.

Jan 31, 2014 03:49 AM