Can seller back-out 'cause of Title problems?

[Redstripe]

PA- Can a seller back-out/break sales agreement because he can not or will not clear his title? How long can he take to clear the title? It's already been 30 days since original settlement date.

Also-If the answer to above is yes. Is suing the only way to get money back previously spent on home inspection, mortgage application/fees?

Thanks in advance

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Redstripe:
PA- Can a seller back-out/break sales agreement because he can not or will not clear his title? How long can he take to clear the title? It's already been 30 days since original settlement date.

Also-If the answer to above is yes. Is suing the only way to get money back previously spent on home inspection, mortgage application/fees?

Thanks in advance<HR></BLOCKQUOTE>

The answer would depend on if the purchase contract contained a clause that stated that the Seller is obligated to clear title prior to closing. The clause should be a standard contingency in the contract. If the Seller does not perform the Seller is in default and the default provisions apply. It is difficult to give you a firm response without reviewing the language and contingencies in the contract. Siffice it to say, escrow will not close unless clear title is given and title insurance can be provided.