When buying or selling a house, there are many complexities involved that can make the process confusing and overwhelming. One question that often comes up is whether a house can be sold while it`s under contract. The answer is both yes and no, depending on the circumstances.
First, let`s define what we mean by “under contract.” When a house is under contract, it means that an offer has been made and accepted, and both parties have signed a contract outlining the terms of the sale. These terms typically include the purchase price, the closing date, and any contingencies (i.e. conditions that must be met in order for the sale to go through).
If a house is under contract with a buyer, that means the seller has accepted the buyer`s offer and is legally obligated to sell the house to that buyer, assuming all contingencies are met. In most cases, the house cannot be sold to another buyer while it`s under contract. Doing so would be a breach of contract, and could result in legal action being taken against the seller.
However, there are some scenarios in which a house can be sold while under contract. For example, if the buyer is unable to secure financing or meet other contingencies outlined in the contract, the seller may be able to terminate the contract and sell the house to someone else. Additionally, if the contract includes a “kick-out” clause, the seller may be able to accept a higher offer from another buyer and cancel the original contract.
It`s worth noting that even in these scenarios, selling a house while under contract can be a risky move for the seller. If the original buyer feels that their contract was terminated unfairly, they may take legal action against the seller. Additionally, if the seller cancels the contract and accepts a higher offer, they may be required to pay damages to the original buyer.
So, can a house be sold while under contract? The answer is yes, in certain circumstances. However, it`s important to tread carefully and seek legal advice before taking any action that could put you at risk of breaching the contract or facing legal action. As always, honesty and transparency are key when navigating the complex world of real estate transactions.