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No turning back after closing on house

Dear Steve,
Once you close on a home is there no turning back? Is there a grace period afterward that allows me to back out?
-- Demetra

Dear Demetra,
After you've closed on your home certainly is not the right time to get cold feet. Once you've done your final walk-through, had the home inspected, accepted the seller's terms and closed the deal, then that's all she wrote. The sellers can simply cash your check and be on their merry way. Any doubts you had should have already been addressed and any defects in the property should have been addressed and resolved by then.

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Contrary to what you may have heard there is no grace period after this transaction. You may be thinking of a buyer's right of rescission, which applies to home equity loans and some refinancings with another lender. Such borrowers have a three-business-day "cooling-off" period after closing to reconsider. However, it doesn't apply to mortgages to buy, or build, a principal dwelling. In some states, there are similar right-of-rescission laws that give buyers a short period of time to change their minds after signing contracts to purchase co-ops, condos or time-shares.

But in your case, any attempt to reverse the deal post-facto, short of the presence of some egregious act of fraud or deceit on the part of the seller and (or) the agent involved, will likely prove futile. You're likely looking at some pretty hefty legal fees and a lot of frustration if you try to go that route.

On the other hand, there's much legal rationale that can be used to back out of sales/purchase contract, especially if obligations like major repairs weren't honored, if financing has fallen apart, or any number of other contingencies aren't met. Ask your real estate agent or real estate attorney about these if you haven't already completed the transaction.

If this is your first home purchase, it's easy to understand your trepidation, because the process can be more than a little overwhelming. You can minimize any buyer's remorse by thoroughly educating yourself about the whole home-buying process, either through your agent, your own research on the Internet or the library, or through any number of books available on the subject.

So speak now or forever hold your peace, because the sale is complete after closing. It is that final exchange where the deed is delivered to the buyer, the title transferred, and all agreed-on costs are paid. It's a "done deal" and there's no turning back.

Keep in mind, those cold feet may thaw pretty quickly once you get into that new house.

Good luck with it!

 
-- Posted: April 30, 2005
     

 

 
 

 

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