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There are always consequences for breaking a contract. For a seller, the consequences are far greater than for a buyer if you try to back out of a sale. The buyer can, in fact, sue for performance. The buyer, however, is typically held to the liability of no more than their escrow deposit.
Again the answer is of course. A buyer can back out of a real estate transaction before or at closing. Technically they can back out all the way up to money being disbursed. In Massachusetts a sale is not complete and monies and keys are not distributed until the deed is recorded.
Can you back out of an accepted offer? The short answer: yes. When you sign a purchase agreement for real estate, you're legally bound to the contract terms, and you'll give the seller an upfront deposit called earnest money.
Seller- The Buyer will sign the P&S first. Once the Buyer has signed the P&S, the listing agent will send the P&S to the Seller for electronic signature. The listing agent also will let the Seller know when in receipt of the Buyer's deposit check. The listing agent will circulate the fully executed P&S.
In Massachusetts, the practice of closing transactions for buyers and sellers when there is a home loan is considered the practice of law; therefore, the settlement agent for any real estate closing involving a lender must be conducted by a licensed attorney.
In Massachusetts, a signed standard offer to purchase real estate is a binding and enforceable contract to sell real estateeven if the offer to purchase form is subject to the signing of the purchase and sale agreement.
The seller has received a higher offer after they signed a contract. Legally, a seller cannot back out of a contract because they have received a better offer after executing a contract.
The seller's agent or attorney will draft the Purchase and Sale Agreement (P&S). This is the more binding legal document that is the official contract to purchase the home.