Can buyer back out after signing OTP?

Asked by: Yasmeen Runolfsson MD  |  Last update: January 28, 2026
Score: 4.9/5 (74 votes)

Yes, a buyer can back out after signing an Offer to Purchase (OTP), but it's a legally binding agreement, so they'll likely forfeit their option fee (deposit) and face financial penalties unless valid conditions in the contract (like inspection or financing) allow termination without penalty, or if the seller agrees in writing to release them. Backing out without a contractual right is a breach of contract with serious financial consequences, potentially including loss of deposit and legal action, though this varies by jurisdiction and specific OTP terms.

Can a seller back out after signing an OTP?

As the OTP is a legally binding contract between the buyer and the seller, backing out by either party after signing the OTP may amount to a breach of the contract, and the party that backs out may be liable for damages.

Can buyers back out after exercising OTP?

Most OTPs do not allow the property seller to withdraw from the transaction once the OTP has been exercised without consequences. In contrast, the buyer typically has the option to back out, although this usually results in forfeiture of any option fee or deposit paid.

Can a buyer back out after signing a contract?

Once both parties have signed, the agreement is legally enforceable. As such, backing out of a home sale without legal justification could lead to legal consequences, including loss of deposits or even lawsuits for breach of contract.

Can a buyer pull out after accepting an offer?

Yes, a buyer can back out of an accepted home offer, but it's much easier and often penalty-free if done within the timeframes and conditions of contingency clauses (like inspection, appraisal, or financing) in the contract; otherwise, they risk losing their earnest money deposit and potentially facing legal action for breach of contract. The key is using contingencies to create legitimate reasons to exit the legally binding agreement. 

When Is It Too Late to Back Out of Buying a House? | LowerMyBills

15 related questions found

Can a buyer change their mind after accepting an offer?

Yes, a buyer can back out of an accepted home offer, but it's much easier and often penalty-free if done within the timeframes and conditions of contingency clauses (like inspection, appraisal, or financing) in the contract; otherwise, they risk losing their earnest money deposit and potentially facing legal action for breach of contract. The key is using contingencies to create legitimate reasons to exit the legally binding agreement. 

What is the 3 3 3 rule in real estate?

The "3-3-3 Rule" in real estate isn't one single rule but refers to different guidelines, most commonly the 30/30/3 Rule for Buyers (30% down, 30% income for mortgage, total price under 3x income) for financial safety, or for agents, a focus on three connection activities (call, note, resource) to build client relationships and referrals. Other variations include saving 3 months of emergency funds, making 3 property evaluations, and ensuring 3x annual income for land purchases.
 

Can a buyer back out 2 days before closing?

Buyers can back out before closing, but there may be financial or legal consequences. Contingencies provide legal exits for specific situations. Backing out without cause may result in losing your earnest money deposit.

What can I do if my buyer pulls out?

What Happens If My Buyer Pulls Out of A House Sale?

  1. Speak with your solicitor to understand your legal position and options.
  2. If the buyer contacts you directly, contact your estate agent immediately to inform them of the situation.
  3. Review your financial situation and any ongoing property chain implications.

Can a seller sue a buyer for backing out?

Consider legal action

You may have grounds to sue for damages if the buyer's breach caused you significant financial harm. For example, if you missed out on a higher offer, you may be entitled to compensation for the lost time and money. The court could even order the buyer to complete the purchase.

How late can a buyer pull out?

A buyer can withdraw from a house purchase at any point before contracts are exchanged, and they do not need to give a reason. Until exchange takes place, the agreement is not legally binding.

How common is it for buyers to back out after an inspection?

3.9% of real estate sales fail after the contract is signed.

One of the most common deal-breakers is when the buyer feels the house failed a home inspection.

What happens after exercising OTP?

Option Period: The buyer has 21 calendar days to decide whether to proceed. Exercise of OTP: The buyer submits the resale application and pays the remaining deposit (part of the $5,000 maximum). HDB Approval and Completion: HDB reviews the resale application, approves the sale, and arranges completion and key handover.

Who gets deposit when buyer backs out?

However, if the buyer backs out of the home sale because they changed their mind, they may forfeit their deposit. If that happens, the seller may be able to keep the earnest money. If the buyer and seller disagree about the disposition of the deposit, the earnest money remains in escrow until the dispute is settled.

Can a seller change mind after signing a contract?

A seller generally cannot back out of a contract simply because they receive a better offer. Once a binding contract is signed, the seller is obligated to adhere to its terms unless a specific contingency allows for withdrawal.

What happens if a buyer backs out after an option period?

What happens if a buyer backs out of a sale? If a buyer backs out within a contingency period, they exit with a refund of earnest money. If they back out without valid reasons or outside of deadlines, sellers may keep the deposit and could pursue legal remedies.

Who pays fees if a buyer pulls out?

If a buyer pulls out of the sale before completion, the seller is entitled to keep the deposit. On top of this, the seller is also entitled to sue for extra costs such as legal fees and disbursements. This is especially the case if this has impacted the value of the home.

Can a buyer pull out after signing contracts?

If a buyer pulls out after contracts have exchanged, the seller is entitled to keep the deposit and can also sue for both costs and any loss in value they suffer in finding a new buyer.

What is the hardest month to sell a house?

The hardest months to sell a house are typically November, December, and January, during the winter holiday season, due to fewer active buyers, cold weather, and holiday distractions. Homes listed in these months often take longer to sell and command lower premiums compared to spring and summer listings, with December often cited as the slowest.
 

What is the 3 day rule for closing?

The "3-day closing rule" refers to the federal requirement under the TRID (TILA-RESPA Integrated Disclosure) rule that lenders must provide borrowers with the final Closing Disclosure (CD) at least three business days before closing (consummation). This rule, enforced by the Consumer Financial Protection Bureau (CFPB), gives homebuyers time to compare final loan terms and costs with the initial Loan Estimate, ask questions, and ensure everything is accurate before signing. Receiving the CD late, or if significant changes occur, can trigger a new 3-day waiting period, delaying the closing.
 

What reasons can a buyer back out of a contract?

Valid reasons to back out of buying a house include failed inspections, financing issues, low appraisals, title problems, and unmet contingencies. Here are the most common legitimate grounds for withdrawal: Contingency-Based Reasons: Home inspection reveals major defects (foundation, electrical, structural issues)

What happens if a buyer changes their mind?

If the buyer changes their mind for a reason that is not covered by a contingency, they may forfeit their earnest money deposit. For example, if the buyer simply decides they do not want to purchase the home, they will likely lose their earnest money deposit.

What salary do you need to make to afford a $400,000 house?

To afford a $400k house, you generally need an annual income between $90,000 and $135,000, but this varies significantly; lenders look for your total housing payment (PITI) to be under 28-36% of your gross income, so factors like interest rates, down payment, credit score, and existing debts (car loans, student loans) heavily influence the exact income needed, with a higher income needed for higher rates or more debt. 

What is a red flag when buying a house?

Red flags when buying a house include structural issues (foundation cracks, sloping floors), water problems (stains, musty smells, poor drainage), sloppy renovations (uneven tile, gaps), bad smells, outdated or failing systems (HVAC, electrical), and seller behaviors like being evasive or covering up problems with fresh paint, all signaling potential hidden, costly repairs. Always get a professional inspection to uncover these issues before committing. 

What is the 50% rule in real estate?

The Basics

The 50% Rule says that you should estimate your operating expenses to be 50% of gross income (sometimes referred to as an expense ratio of 50%). This rule is simply based on real estate investor experience over time.