Your search results

What If Sellers Back Out of a Deal?

Posted by Jayson Ang on July 1, 2024
| 0

TLDR

When a seller unexpectedly withdraws from a property transaction before a contract is signed, they are legally allowed to do so. However, once an Option to Purchase (OTP) is issued and exercised, both parties are bound by a contract. If the seller backs out after this stage, legal action can be taken, and the buyer may be entitled to compensation. To protect against unreliable sellers, buyers should pay attention to seller responsiveness, read contracts carefully, keep records of communications, and understand their rights. Ultimately, deciding whether to buy, sell, or wait depends on individual circumstances. It’s recommended to seek advice and guidance to navigate the real estate market effectively.

From searching for your perfect home, negotiating prices, managing finances, and looking into different home loan options, you need to do your best to ensure a successful purchase.

But what if the seller unexpectedly withdraws?

Are they even allowed to do that?

And if so, is the buyer entitled to any form of compensation?

Until a contract has been made and accepted, neither the buyer nor seller are obligated to the other party.

At the start of the selling process, before any contracts have been signed, the seller still has the right to pull out of the transaction if they no longer wish to sell their property – even if the buyer has been viewing listings and setting up meetings to view the property in person.

Thus, if you’ve expressed interest verbally but haven’t yet been handed an Option to Purchase (OTP) or sales agreement, the seller is able to revoke their offer without consequence.

When Sellers Cannot Back Out of the Deal

After putting pen to paper on the OTP, things are now undeniably official.

Once the seller issues an OTP, and if you decide to exercise the OTP, you and the seller enter into a binding contract.

It’s essential to read the OTP details carefully to see if the seller is able to withdraw from the agreement once the OTP has been exercised; while typically the seller is not allowed to back out once the OTP has been exercised, buyers typically can withdraw but will forfeit any deposits or option fees they have paid.

When you exercise an OTP, you may be required to sign a sales agreement, making it binding for both you and the seller. Unfortunately, this contract leaves no room for backing out; if the seller fails to uphold their end, any option fees or deposits paid by you must be refunded.

You could consider taking legal action against the seller to make them stick to their obligations; however, unless they have not refunded your money or caused you to suffer huge losses, it might not be worth going through the hassle or expense.

How to Protect Yourself Against ‘Bad’ Sellers

Most of the time, sellers don’t back out of property transactions – but there are some simple steps you can take to avoid any potential troubles from a reluctant seller.

1. Find Out Why They Are Selling the Property

When you chat with the seller or the agent, observe if the seller appears determined to sell the property, or if it looks like they are somewhat undecided.

Asking the seller or agent why they are selling can help you spot an uncertain seller. If the seller is simply upgrading their home, that’s usually a sign they are eager to sell.

However, if it appears they are just trying to see what price they can get for their home without a pressing need to get rid of it, they might not go through with the transaction.

2. Pay Close Attention To The Seller’s Responsiveness And Adherence To Deadlines

If the seller fails to fulfill their commitments, isn’t punctual for viewings, or does not adhere to timelines, there is a chance they may not follow through as promised.

Pay close attention to how they answer your calls, respond to your requests for information, and if they issue the OTP or sales agreement when they said they would.

3. Read the OTP and Sales Agreement Carefully Before Signing

Before signing any documents, it’s critical to thoroughly read through all contracts, such as the OTP and sales agreement, which will outline your rights and obligations as well as those of the seller.

Be sure to double-check if there are any stipulations that allow the seller to back out of the deal or end the contract, and if that doesn’t sit well with you, then speak up and try to have them removed.

4. Keep a Copy of All Communications

It’s essential to keep all communication with the seller and agent – whether in person, via text, or email – in order to have a paper trail should you ever enter into a dispute.

Be sure to save a copy of all messages sent and received for your records. To ensure that verbal conversations are not forgotten or misconstrued, it’s best to write down and acknowledge the details of the agreement in a text or email afterwards.

This way, you’ll have solid evidence of any verbal agreements made with the seller.

5. Know Your Rights When Dealing with Sellers

To guard yourself from any possible disputes, it’s wise to take a few precautionary steps before signing any documents, such as reading all contracts thoroughly and saving a copy of all interactions with the seller and their agent.

Despite the fact that most sellers don’t end up obstructing their property transactions, it’s always prudent to be aware of your and the seller’s rights, as well as keep an eye out for a seller who may be untrustworthy.

Should You Buy, Sell or Wait?

If you’re reading this, you must be trying to figure out the best course of action right now: is it the right time to buy or sell?

It’s difficult to give an exact answer since everyone’s situation is unique and what works for one person may not necessarily work for you.

I can bring you a wealth of on-the-ground experience and a data-driven approach to provide clarity and direction. From beginners to experienced investors, our top-down, objective approach will help you on your real estate journey.

I can help you by:

  1. Offering Strategic Real Estate Advice – I can help create a comprehensive plan to guide you through your property journey.
  2. Connecting Your Home with the Perfect Buyers – Through stunning visuals, an effective communication strategy, and an in-depth knowledge of the market, we’ll ensure your home is presented in the best possible way to fulfill your goals.

You May Also Like …


Top 5 Reasons Why Singapore’s Luxury Property Market Is Booming – Expert Analysis!
Mandarin Top 5

Top 5 Reasons Why Singapore’s Luxury Property Market Is Booming – Expert Analysis!

Singapore's luxury property market has been experiencing a significant boom in recent years, attracting the attention of investors and high-net-worth...
Read More
Say Goodbye to “Sell One, Buy Two” Approach in 2024
All Buying Tips Opinion

Say Goodbye to “Sell One, Buy Two” Approach in 2024

TLDR Summary: The "Sell One, Buy Two" real estate tactic, popularized in 2016-2017, involves selling a property and buying two...
Read More
Exploring the Resale Condo Market? Here’s What to Watch Out For!
All Blog Posts Buying Tips

Exploring the Resale Condo Market? Here’s What to Watch Out For!

TLDR The impact of COVID-19 on Singapore's real estate market has been significant, leading to a surge in demand for...
Read More
6 Hot Property Market Trends in Singapore 2024: What Buyers Should Anticipate
All Buying Tips Opinion

6 Hot Property Market Trends in Singapore 2024: What Buyers Should Anticipate

TLDR When diving into Singapore's property market, expect a rollercoaster ride as trends shift drastically in 2024. Landlords and tenants...
Read More
What’s The Difference Between An Offer To Purchase And An Option To Purchase?
All Blog Posts Buying Tips

What’s The Difference Between An Offer To Purchase And An Option To Purchase?

TLDR Understanding the crucial difference between an Offer to Purchase and an Option to Purchase (OTP) is vital when buying...
Read More
Would It Be More Better To Engage One Property Agent Or Multiple Agents In The Selling Process?
All Selling Tips

Would It Be More Better To Engage One Property Agent Or Multiple Agents In The Selling Process?

TLDR When planning to sell your property, you have the option to work with one agent exclusively or non-exclusively. Engaging...
Read More
Top 5 Must-Know Facts about Luxury Properties in Districts 9 of Singapore
Mandarin Top 5

Top 5 Must-Know Facts about Luxury Properties in Districts 9 of Singapore

Singapore, a bustling city-state known for its impressive skyline and vibrant economy, has always been an attractive destination for property...
Read More
HDB Market Outlook 2023
All Blog Posts

HDB Market Outlook 2023

TLDR: Understanding the HDB Market Outlook 2023 The HDB resale market showed resilience in 2022, with significant growth in sales...
Read More
Sentosa’s Sizzling Property Market: 5 Reasons Chinese Investors are Flocking to Singapore’s Premier Island
Buying Tips Mandarin Top 5

Sentosa’s Sizzling Property Market: 5 Reasons Chinese Investors are Flocking to Singapore’s Premier Island

Sentosa's Sizzling Property Market: 5 Reasons Chinese Investors are Flocking to Singapore's Premier Island Here are the top 5 reasons...
Read More
5 Singapore Property Investing Myths Debunked
Mandarin Top 5

5 Singapore Property Investing Myths Debunked

In the world of property investing, misconceptions can lead to poor decisions and financial losses. In Singapore, there are several...
Read More
Looking To Buy An Older HDB Flat? Here’s What You Need To Know Before You Sign On The Dotted Line!
All Buying Tips

Looking To Buy An Older HDB Flat? Here’s What You Need To Know Before You Sign On The Dotted Line!

TLDR When considering purchasing an older flat, ensure to thoroughly inspect wet areas for leaks, check balcony conditions, watch out...
Read More
5 Things to do When You Go For A Property Viewing In Singapore Part 2
Buying Tips Mandarin Top 5

5 Things to do When You Go For A Property Viewing In Singapore Part 2

5 Things to do When You Go For A Property Viewing In Singapore Part 2 Here are 5 more things...
Read More
Essential Steps for Safely Purchasing Your First Home in Singapore
All Buying Tips

Essential Steps for Safely Purchasing Your First Home in Singapore

TLDR When considering buying your first property in Singapore, start by assessing your budget and qualifying for a permissible loan....
Read More
Will New Launch Condos See a Drop in Prices Soon?
All Buying Tips Opinion Selling Tips

Will New Launch Condos See a Drop in Prices Soon?

TLDR The real estate market in Singapore is experiencing a trend of lackluster bids for prime properties in various locations....
Read More
Why Can’t Everyone Have Homes In Good Locations?
All Opinion

Why Can’t Everyone Have Homes In Good Locations?

TLDR In a nutshell, the Singapore property market is undergoing significant changes, with the introduction of a new housing classification...
Read More
Don’t Miss Out: Take Control of Your Life in Your 30s and 40s
All Blog Posts Opinion

Don’t Miss Out: Take Control of Your Life in Your 30s and 40s

TLDR The stages of wealth management vary from ages 30 to 80, with different focuses and considerations at each stage:...
Read More
5 Top Reasons Why Chinese Love to Invest in Singapore Property Market Today
Mandarin Top 5

5 Top Reasons Why Chinese Love to Invest in Singapore Property Market Today

Here are the top 5 reasons why Chinese love to invest in Singapore's property market today. 1. Political stability: Singapore...
Read More
A Beginner’s Guide to Homebuying: How to Choose the Perfect Property
All Blog Posts Buying Tips

A Beginner’s Guide to Homebuying: How to Choose the Perfect Property

TLDR When considering property investments, understanding your motives is crucial. Factors like accessibility to amenities, remaining lease, transaction history, rentability,...
Read More
The Top 5 Factors to Consider When Investing in Industrial Property in Singapore – Expert Insights!
Mandarin Top 5

The Top 5 Factors to Consider When Investing in Industrial Property in Singapore – Expert Insights!

Singapore, a thriving hub of business and commerce in Southeast Asia, offers a robust real estate market with various investment...
Read More
Top 5 Boutique Shopping Streets in Singapore
Mandarin Top 5

Top 5 Boutique Shopping Streets in Singapore

Singapore, a cosmopolitan city-state known for its vibrant culture and diverse shopping scene, offers a unique blend of modern malls...
Read More
1 2 3 23

Compare Listings