House Under Contract?

Question

This guy has had my house under a contract for 4 mos. He has to sell his house 1st. well he not even trying to sell his house very hard , Ive sent people to look at it. He wont call me back either, Can I sell my house out from under him? What will happen to me ? Its for sale by owner.

Im in Ky. and his contract is up Sept. 6th.

Answer 1

What state do you live in? In Florida, a valid contract would have a deadline for action.
If, after the deadline is past, you want to sell out from under him, you certainly can.
If you are under contract, you can't.
You might have a leg to stand on-but probably not.
This should have been a delayed closing or he should have PAID you for the right of first refusal or an OPTION to buy within a tight frame of time. A good realtor would not tolerate such shenanigans.
Call a real estate lawyer. Or call a realtor and tell them your sob story. Prepare to list with that hero.
Another good reason to use a REALTOR, whose business it is to sell houses.

Answer 2

Depends on what your contract provides. With a proper 'contingent sale clause', you could probably eliminate him from the contract, after giving him the opportunity to immediately honor the contract.

If you failed to include this in your contract/offer to purchase, you are bound to honor until the expiry date.

Lottie is correct. As a realtor, I fielded a call from a sobbing woman who had similarly gotten involved, except that she had NO expiry date on her contract of sale. She was locked in until her buyer let her out willingly or DIED. Consider yourself fortunate that you are only stuck until 9/26.

Answer 3

Depends on what your agreement with him says. If you are locked in, they no you can't. But, if it had a first-right-of-refusal clause in it, then yes you can, but he has to be given an opportunity to match the other offer and if he can match it (terms and money-wise), then he gets the house.