Table of Contents
Can I refuse to sell my house to a buyer?
It could be unlawful for a seller to treat people unfairly by discriminating against them. For example, it is unlawful to refuse to sell a property, or to offer it on less favourable terms, just because the prospective buyer is of a particular religion or belief.
Is property gazumping legal?
Is gazumping legal? Unfortunately gazumping is legal. While your offer may have been accepted, the agreement between you and the seller does not become legally binding until contracts have been exchanged.
Is a binder legally binding?
Despite its name a real estate binder is not legally binding. The binder keeps interest in a transaction and encourages open communication between buyer and seller but it’s an informal agreement and is eventually replaced by the formal (and legally binding) agreement of sale.
Can you still offer on a house that is under offer?
Can You Make an Offer on a House That is Already Under Offer? When a house is under offer, another buyer can still make an offer. As the contracts have not yet been exchanged, the sale is not legally binding and so other prospective buyers are able to present the seller with new offers.
Can you Gazump someone?
The action of gazumping is when a person is a perspective buyer and has an offer accepted verbally on a property by the selling party, but someone then offers higher and completes the purchase. Gazumping can occur any time before exchange of contracts because until then the buyer doesn’t legally own the property.
Can a seller back out of a binder?
Despite its name, a binder is not a legally binding agreement. The seller can choose to sell to someone else for a higher price if they want, even if the binder is in effect. All the seller would have to do is surrender the deposit and they can sell outside of the binder.
Is a binder on a house refundable?
Typically, the seller will agree to return the binder to the buyer without incident. However, if the seller feels that the buyer has breached the contract, they can negotiate to only return part of the binder. They can also argue that the buyer cannot have any of the binder back at all.
Can I change my mind if I don’t want to sell my house?
Yes, your property will be withdrawn from the listings, but that does not free you from the contract. If you truly have no intention to sell your home, simply abide by the listing agreement and wait it out for the term stated. Your real estate agent is on your side.
Can I pull out of selling my house?
You can pull out of a house sale at any point up until the exchange of contracts. Once you have exchanged contracts, then you have entered into a legally binding contract that will mean you are subject to its terms.
Can I sell my house if my partner doesn’t want to?
If your partner refuses to sell the house and refuses or is unable to buy you out, you can force a sale. You must be tenants in common to force a sale. If you are joint tenants you’ll need to sever your joint tenancy first and register as tenants in common. You can do this without your partners cooperation.