What can a seller do if a homebuyer backs out of the contract?

Selling your home is not always smooth sailing. Sometimes, deals fall through, even after you and the buyer have a contract in place. While it’s relatively rare for a buyer to back out of a deal, it does happen. Here, we’ll explain the most common reasons for a buyer to back out, and what you can do if it happens to you.

When can buyers back out of a home purchase?

There are two main phases of the sale process during which a buyer might decide to back out of the deal.

Backing out after signing the contract

A homebuyer can back out of a purchase even after a purchase and sale agreement has been signed. The ramifications of a buyer opting to walk away vary based on how the contract is written and the reason for backing out.

For example, it’s perfectly legal for a buyer to back out of a signed contract if the contract included contingencies that were not met. Contingencies outline specific conditions that must be fulfilled in order for the deal to be closed. Typical contingencies are often based around home appraisal, home inspection, sale of a prior home and financing — that is, getting approved for a mortgage.

“If the buyer pulls out because they did not get financing, but they have a finance contingency that’s still active, then the buyer is not in default, but rather used a contingency to void the contract,” says Will Rodgers, a Northern Virginia–based agent with the Alper Real Estate Group at Keller Williams. In this type of scenario, the buyer would typically get their earnest money deposit back.

However, if all contingencies have been met and the buyer chooses to walk away from the deal anyway, the seller would likely have contractual rights to keep the earnest money — the initial “good faith” deposit the buyer makes after signing the PSA.

“If buyers cancel simply because they got cold feet, but the only contingency left is the mortgage loan and they qualified to purchase the home, then it would be difficult for them to keep their deposit,” says Rick Albert, a broker associate and director of business development with Lamerica Real Estate in Los Angeles.

Backing out of escrow

Once a home sale has moved to the escrow phase —  a few days before the closing, when closing statements have gone out — it can be more challenging for a prospective buyer to walk away from a sale. If a buyer chooses not to close at this late stage, they’re more likely to face consequences.

If the buyer has no contingencies left to void the contract, and decides not to sign, the buyer is likely in default of the contract,” says Rodgers. “This could mean loss of deposit, but it could even go beyond that.”

However, if there’s still a contingency in the purchase and sale agreement that has not been met during escrow, it’s easier for a buyer to walk away from the sale. Escrow can be canceled at any time during the transaction, up until all of the contingencies written into the offer have been met. Timing is crucial during this phase, though. Buyers must pay attention to the contingency deadlines written into the purchase agreement if they hope to avoid penalties.

“The buyer and their Realtor must be aware of when their inspection, financing and appraisal deadlines are slated to expire, and act accordingly with the proper documentation to formally cancel,” says Jen Horner of Masters Utah Real Estate. “If the proper channels are followed and the buyer has not allowed any of their earnest funds to go nonrefundable, their earnest deposit would be returned back to them in full.”

Why do buyers back out?

There are two main reasons why a buyer would back out of a home purchase: because of issues that come to light during a home inspection, or because of issues with their financing.

• Due to home-inspection findings: Often, the “nitty-gritty of the house is unknown to a buyer until a home inspection is done,” says Chase Michels of the Michels Group at Compass in Hinsdale, Illinois. As long as there’s an inspection contingency in place, “if any major issues come up during the inspection that the buyer was not made aware of during the homebuying process, they can walk away clean from the contract and will receive their earnest money back.” 
• Due to financing problems: It’s also possible that a potential homebuyer can back out of a purchase because they run into problems securing financing. This is more common at times when mortgages are expensive. Prospective buyers may not get approval for a mortgage or may fail to secure as much money as they had hoped. In some cases, buyers may fail to secure financing within the set time frame.

How often do buyers back out of a home sale?

While it’s not overly common, real estate deals do fall through now and then. According to a June 2024 survey from the National Association of Realtors, 5 percent of contracts from the prior three months were terminated before reaching closing.

Separate June data from Redfin shows that the number of home purchases being canceled has been ticking upward. Almost 56,000 home purchase agreements were canceled in June, it says, which amounts to about 15 percent of all homes that went under contract. Redfin attributes the trend to buyers being scared off amid elevated mortgage rates and high home prices.

Can sellers sue buyers for backing out?

The short answer is yes, a seller can hypothetically sue a buyer for backing out. But it depends heavily on the circumstances and reasons surrounding the contract termination. “If all of the buyer’s legitimate deadlines have expired and the buyer is considered to be in default of the contract, the seller can elect to keep the earnest money as liquidated damages and agree to cancel the contract,” says Horner. “Or, the seller can elect to sue.”

Finding a new buyer

Having a backup offer waiting in the wings can soften the blow when a purchase deal falls through. A backup offer is one that’s negotiated in advance but is on standby, so to speak. It only becomes effective if the original deal falls through.

“Having a backup offer in place may help the home seller feel more at ease, knowing that they not only have one offer, but two,” says Horner. The backup buyer might step into first position automatically if the first deal falls apart, or be subject to further negotiation, depending on state law and how the backup offer is written.

Smart sellers keep their home as sale-ready as possible until all the contingencies are removed, in case even the backup deal falls through. “I’ve had a listing go through three buyers before it closed,” says Albert.

When a home goes back on the market

If there is no backup buyer in place, the property will likely be relisted. Relisted homes may be denoted as “back on the market,” sometimes abbreviated as BOM or BOMK.

Relisted homes can suffer from a stigma, even if the buyer’s decision to walk away wasn’t related to the home itself. But an experienced agent will know how to navigate this hurdle. “It’s the listing agent’s job to make it known to any potential buyers that the home being relisted was not due to any defects with the property,” says Michels.

Attracting a new buyer is all part of the process, says Horner. “All Realtors hope the deal will remain together until closing,” she says. “But cancelations do occur, and it is the Realtor’s job to consult with their sellers and be by their side through the ups and the downs of the home sale process.”