Can a Seller Back Out of an Accepted Offer in British Columbia?
This answer covers the law of British Columbia.
Whether a seller can back out of an accepted offer depends on whether a binding contract exists, what it says, and which conditions are still open. A better offer arriving later does not by itself answer that question.
For land, a contract is not enforceable unless there is a signed writing showing the contract was made and giving a reasonable indication of its subject matter. The law also recognizes two alternatives: acts by the party to be held to the contract that indicate a contract was made, and reasonable reliance that would make it inequitable not to enforce it. A lease of land for a term of 3 years or less is an exception to this rule.
Your deposit is part of the picture. It is usually paid with the offer or after acceptance and held in the brokerage trust account, with the brokerage acting as stakeholder. Some offers provide for no deposit until after subjects are removed, which creates a risk for a seller who has not received one at acceptance. What you can do if a seller refuses to complete depends on the contract and your circumstances, so keep every signed document and speak with a lawyer before you respond.
Key takeaways
- A contract respecting land is not enforceable unless there is a signed writing showing the contract was made and giving a reasonable indication of its subject matter.
- Acts by the other party showing a contract was made, or reasonable reliance that makes non-enforcement inequitable, are alternatives to a signed writing.
- Your deposit is usually held in the brokerage trust account, with the brokerage acting as stakeholder.
- Your remedies depend on the contract wording and the facts, so keep every signed document and speak with a lawyer before responding.