What if You Change Your Mind About Purchasing a Property
Let’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.
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