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Buying or Selling a Home/Getting out of selling contract


As the seller of a prop. I signed an agreement to be out of my house in less than 30 days. As my agent knows, I am a 61 year old single woman and this is a 4 bedroom house. I have tried to get this done and I dont see this to be possible and have tried to talk to my agent with no success about an adendum for more time. Can I back out of this deal?  I havent gotten a report back and this house is not in escrow yet.  Thank you for your rapid response

Noted- spelling correction in this re-send-

Hello Martha.

Thank you for the opportunity to be of assistance.  You are not alone in your dilemma.  Every day, in every fast moving market across the nation is facing the same concern. In a seller's market once the seller quickly goes into contract with competing, and often desperate and/or begging to be chosen buyers, they become the one of the masses under pressure to find their new home. I am sincerely empathetic to your concerns!

If the rental market in your area is also competitive, you are probably on track with your re-consideration of your Agreement's terms.  Your agent is just that YOUR agent!  Given you have asked to re-address the terms, your agent is obliged to comply. They may or may not be successful. They may or may not agree with your decision. But, they must oblige your wishes. As I am not familiar with the real estate market in your area, there may be concerns your agent has for what is best for you and your financial choices, and that's why they are resisting following through with re-negotiating terms.

It may be helpful to underscore your intent to sell your home, you are only looking to, what we refer to as 'rent-back' after the close of escrow for up to 90 days, with a 30 day notice to the buyers once you have found a new place.  If all parties agree to this arrangement, remember to have a lease agreement signed up front so there isn't a conflict later. If you actually want out of the deal, your timing is critical! And, of course, may be the driving factor to our agent's foot dragging, unfortunately...

If your agent refuses, delays, or ignores your request to re-address terms, you have the option of going to their broker and / or their local Realtor association to request an intervention.  It is an agent's fiduciary responsibility to protect your interests and to abide by your legal and ethical wishes. If you have not already asked the question, 'why won't you do this?' via written communication, I suggest you do.  As you know, this creates a 'paper trail' of proof - even if done by email.

AND, Martha, you're absolutely right! Before escrow opens is the best time to straighten this out! Go get 'me girl!

Best of luck to you!

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Kathryn Hisert; Realtor


Everyone deserves an answer! My rounded background will provide you with information beyond ‘just’ buying and selling. I can answer questions regarding short sales, foreclosures, deed-in-lieu, home staging, vintage home related concerns, most mortgage related questions, and divorcing couples’ housing options. I am a research oriented individual who strongly believes in connecting all the dots and providing as much, or as little, information and communication my clients want or need. My expertise is in San Diego and Santa Clara Counties.


After 25+ years in the Financial industry, Sales and Marketing, I came to the real estate industry as a mortgage loan agent. From 2002 to 2010 I was my clients' Realtor and loan agent. Since 06/10 I have been strictly a Realtor.

N. San Diego County Assoc. of Realtors California Assoc. of Realtors National Association of Realtors

CDPE (Certified Distressed Property Expert) CREDS (Certified Real Estate Divorce Specialist)

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