Leave a Message

Thank you for your message. We will be in touch with you shortly.

Q & A: Can Buyer Cancel a Contract Even with All Contingencies Removed?

Tips & Advice

Q & A: Can Buyer Cancel a Contract Even with All Contingencies Removed?
Q: Doug, we just sold our home recently in Pleasanton. We did everything right – we got pre-sale inspections, filled out all of our disclosures, and provided potential buyers with all of the information they need to write an offer. We accepted an all-cash offer with no contingencies, but the next day the buyer canceled the sale before they put their deposit into escrow. Can they do that? Melinda in Pleasanton
 
A: Melinda I’m sure that was unwelcome news. Very disappointing to be sure. Can they cancel the contract? Sure. The better question is what remedies do you have as a seller. Unfortunately, since they did not put the good faith deposit into escrow, there are no funds to secure the offer. IF their deposit was in escrow, you would be in a stronger position and may have been able to make a claim or negotiate for part or all of the buyer’s deposit, depending on the circumstances. But since there is no deposit, you have limited practical options to enforce the contract. You may be able to take action against them on the basis of bad faith, but it would likely be expensive and a fairly long process. It is likely not practical for most sellers who want to get on with getting their homes sold.
 
In general the only remedy a buyer has to cancel a contract after they have removed all contingencies (or likewise make an offer with no contingencies) is if there is an additional disclosure of a material fact, in which case the buyer may be entitled to a 3 day right of recision. For example, if someone passes away in the house while you are in escrow, or if there is a defect not previously disclosed that surfaces after you are under contract, then the buyer likely has the legal right to cancel the agreement, even if they have removed all contingencies.
 
DISCLAIMER: You should ALWAYS consult an attorney for any legal issue, as they are qualified to give legal advice on your specific situation. Good luck!

Recent Blog Posts

Stay up to date on the latest real estate trends.

Pleasanton Real Estate

My Pleasanton Home Didn’t Sell. Why Did My Listing Expire?

Doug Buenz  |  July 28, 2026

The most common reasons Pleasanton homes fail to attract offers—and what sellers should consider before relisting.

Market Update

Pleasanton Real Estate Market Update: June 2026

Doug Buenz  |  July 21, 2026

More Inventory, Selective Buyers, and Uneven Results for Sellers

Market Trends

Pleasanton Real Estate Market Update: Mid-July 2026

Doug Buenz  |  July 21, 2026

Single-family home activity included in the MLS snapshot from June 15 through July 20, 2026

Pleasanton Neighborhoods

Comparing Pleasanton Neighborhoods: Which Area Is Right for Your Home Search?

Doug Buenz  |  July 10, 2026

Compare Pleasanton's most popular neighborhoods by home prices, architectural styles, commute access, parks, recreation, and local amenities to find the community that… Read more

Neighborhood Guide

Pleasanton, CA Neighborhoods: The Complete Guide to Every Community (2026)

Doug Buenz  |  July 4, 2026

Pleasanton CA Neighborhoods: Complete Guide to Every Community (2026)

Market Trends

Pleasanton Market Pulse June 2026

Doug Buenz  |  June 15, 2026

39% of Pleasanton Homes Sold Over Asking in May. Here's the Rest of the Story.

Market Trends

Pleasanton Real Estate Market Update May 2026

Doug Buenz  |  May 8, 2026

Mixed Signals Persist in the Pleasanton Market

Market Trends

Pleasanton Real Estate Market Update April 2026

Doug Buenz  |  April 9, 2026

Mixed Signals in the Pleasanton Market

Market Trends

Pleasanton Real Estate Market Update December 2025

Doug Buenz  |  December 10, 2025

Holiday Hibernation

Work With Us

Follow Us on Instagram