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And legally speaking, it can be very difficult to do so once a real estate contract has been signed. The language of real estate contracts is typically written to protect buyers.
“Here, the buyer or seller can either choose to cancel the contract, appeal the appraisal or mutually renegotiate the purchase price to accommodate for the [lower] appraised value,” Del Rio says.
In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. [1] Rescission is the unwinding of a transaction.
A buyer can back out of a home purchase even after signing a contract if all agreed-upon contingencies are not met. Common reasons for buyers to back out include issues revealed during a home ...
Revocation of legal rights, privileges, or license can occur either administratively or through criminal courts. A common example is the revocation of a driver's license for egregious or repeated violations of traffic laws, which can be done by a criminal court, or an administrative traffic court, depending on jurisdiction. [4]
It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ab initio or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common ...
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