Can a seller back out or force you to back out of a binding contract?
Question Details: The seller's agent is not only attacking our personal integrity but he is also trying to get us to back out of our binded contract. We have a binding contract that has been signed by all parties stating that we accepted their counter offer with paying full list price, seller to pay closing, we close in about 2 weeks and we take the home "as is" as long as nothing major needs to be fixed. They have now asked us to push the closing date, which we have stated we will accommodate, but with conditions. They are now telling us that the closing date will now be pushed back another 3 weeks. They then told us that they may take it off the market. We have put up earnest money and gave our final offer letter for the house. We have signed all documents provided to us. Can the seller back out?
Your question answers itself: a party canNOT legally get out of a binding contract--e.g. a signed written contract for sale of a house. The contract is binding and can be enforced against a party that tries to back out--i.e. you can sue them for "specific performance" to get a court order that they go through with the sale (and also possibly to get monetary compensation from them as well, for costs or losses incurred due to their breach). A seller can only get out of the contract if the buyer breaches or violates it in a material, or important, way, such as by not paying what they are supposed to pay when they are supposed to pay it. Barring your breach, they are held to the contract, and you can enforce its terms against them.
Similarly, they can't force you to back out: they can ask you to terminate the contract (anyone can *ask* anything) but have no power to make you terminate or cancel it.