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4 years ago
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My home is on an airplane flight path- can our buyer back out now?

We have a lovely 3 bedroom house on a beautiful lot in a nice neighborhood. Because of the market, we've had trouble selling it and have lowered the price twice. Two weeks ago we received and offer which we accepted which was contingent on the buyer "determining that the house was suitable for a home office". We thought this would be fine since he doesn't have people coming by, so there wouldn't be a zoning issue, there's plenty of room, and all the hookups are available.

Yesterday, we got an email from him saying he was backing out of the contract and wanted his deposit back because "the noise of planes taking off and landing from the nearby airport make it impossible for me to work." We think this is ridiculous - it was obvious that planes flew over when he was here at the open houses, and a white noise machine or soft music would eliminate any background noise when he's on the phone.

We want to fight this since when we put it back on the market, any other buyer is going to want to know what happened with this contract and it will hurt our price. Any advice on how to fight him?
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4 years ago
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I think you may be out of luck since you the contingency sounds like it was based on his preference. I mean, unless you had something spelled out as to reasons he could say that it was unsuitable

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Neal Adler
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3 years ago
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It all depends. If the buyer has not removed all of their contingencies, most likely you would be required to return their deposit. If they had removed all of their contingencies they might not be entitled to the deposit. However, having said that non disclosure of a material fact or new discovery may enable the buyer to cancel within 72 hours of discovery of the fact in question. It may seem obvious a property is in the flight path of an airport, however, it probably should be disclosed in the appropriate disclosure documents. Since I am real estate professional, and not an attorney, I do not give legal advice. Your best bet is to consult a real estate attorney.

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Westside Realtor
Westside Realtor
Real Estate Professional
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7 months ago
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Actually if the buyer is in the contingency period of the contract, they may back out during "discovery". This is when they do inspections and find out everything they need to know to make a informed decision on buying.
My advice is to disclose this fact to all new buyers so they know in advance.

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