“Seller’s Remorse” and “Subject to Sale of the Buyer’s Property” – Can They Sink the Sale?

Holiday Season can be an ideal time to buy and sell residential property, and if you are in the market for a house – or about to put yours up for sale – be mindful of the fact that both “seller’s remorse” and sales with suspensive conditions (like “subject to sale of the buyer’s property”) are much more likely now than they have been for some time.

So both buyers and sellers need to understand whether it is easy or difficult for a seller to escape from a sale agreement signed in haste.

We discuss a recent High Court decision which addressed three important questions put forward by just such a remorseful seller in trying to avoid the consequences of her signature.