Seller Default on Real Estate Contract in Texas: Know Your Rights

Purchasing a piece of property in Texas can be an exciting process, but it can also be a complex and daunting one. One of the many possible issues that can arise during a real estate transaction is seller default on the contract. This occurs when the seller fails to perform their obligations under the contract, which can range from failing to disclose pertinent information to refusing to complete the sale.

As a buyer, it is important to know your rights and options in case the seller defaults on the contract. Here are some key things to keep in mind if you find yourself in this situation:

1. Review the Contract Terms

The first step in dealing with a seller default is to review the terms of the contract to understand what obligations the seller agreed to perform. This includes their obligations to disclose any defects in the property, deliver clear title, and complete any necessary repairs or improvements. If the seller has failed to meet any of these obligations, it may constitute a default.

2. Send a Notice of Default

If you believe the seller has defaulted on the contract, you should send them a notice of default. This is a formal document that outlines the specific actions the seller has failed to perform and gives them a certain amount of time to cure the default (i.e. fix the problem). The notice should also state that failure to cure the default may result in termination of the contract.

3. Consider Terminating the Contract

If the seller does not cure the default within the specified timeframe, you may have the right to terminate the contract. This terminates the agreement and allows you to walk away from the transaction without penalty. Before terminating the contract, however, it is important to consult with an attorney to ensure that you are within your rights to do so.

4. Seek Legal Remedies

If the seller’s default has caused you financial harm (such as by causing you to lose money on inspections or appraisals), you may be able to pursue legal remedies to recover those losses. You should consult with an attorney to evaluate your options and determine whether it makes sense to pursue legal action.

In summary, dealing with a seller default on a real estate contract in Texas can be a stressful and frustrating experience. However, by understanding your rights and working with qualified professionals, you can protect yourself and get the outcome you deserve.