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Please help me ?

PLEASE help I recently have signed a contract selling my property for 40,000 however I now see that the house is appraising at 400,000 I want to excerise my kick out clause because I am terrified that I lost a tremendous amount of money in this sale I have not recieved any money on this deal yet but am desperatly seeking consuel

Asked by Katey Capps | Perris, CA| 05-23-2024| 72 views|Selling|Updated 6 months ago

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Angela TadevosyanReal Estate Agent1 month ago
Semi-Pro86 Answers

If those numbers are correct—a $40,000 contract on a property that may actually be worth around $400,000—please do not sign anything else or try to cancel the transaction on your own until a real estate attorney has reviewed the contract. The most important thing here is the actual language of the agreement you signed. Once a seller accepts a purchase agreement and acceptance is properly communicated, there can be a binding contract. Simply discovering afterward that the property is worth substantially more generally does not, by itself, give the seller a right to cancel. You mentioned a “kick-out clause.” That could be extremely important, but we need to know exactly what that clause says. A kick-out provision is not automatically a general right for the seller to change their mind because a better price becomes available. For example, some contingency provisions allow a seller to require the buyer to remove certain contingencies after the seller receives a backup offer, and cancellation rights depend on the exact contractual language and required procedure. Also, the fact that you have not received any money yet does not necessarily mean there is no binding contract. The question is whether a valid agreement was formed and what cancellation rights that particular agreement gives you. I would also want to know how a $400,000 property came to be contracted for $40,000. Was this an arm’s-length sale? Were you represented by a Realtor? Did someone approach you directly? Was the property's value explained to you before you signed? Are there unusual assignment, option, wholesaling, or other provisions in the agreement? A 90% difference between the contract price and the claimed value is significant enough that I would want the entire transaction reviewed, not just the cancellation paragraph. California Association of REALTORS® guidance makes clear that a seller's ability to cancel an accepted purchase agreement generally depends on a contractual right to cancel or the buyer's failure to perform, with specific notice procedures often required. So my advice would be: stop, preserve every document, text and email, and have a California real estate attorney review the signed contract immediately before taking another step. If there truly is a valid kick-out or other seller contingency, the attorney can tell you exactly how and when it can be exercised without putting you in breach. With potentially hundreds of thousands of dollars at stake, this is one situation where I would not rely solely on advice from an agent or an online forum. I’m a California Realtor, not an attorney, and this needs legal review of the actual signed contract.

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Diya SarinReal Estate Agent3 months ago

Hey Katey! If your home is truly worth around $400,000 and the contract price is $40,000, don't wait. Review your purchase agreement immediately to determine whether a kick-out clause or any other contractual provision actually allows you to cancel. Since real estate contracts are legally binding, you should also speak with a real estate attorney as soon as possible to understand your rights and options before taking any action. If you're facing this situation, contact me today. I can help you review the transaction, explain your options, and connect you with the right legal resources to protect your interests. Diya Sarin | DRE 02095684 📞 818.799.7230 📧 [email protected] 🌐 diyasellsla.com IG: diyasellsla

Robin YoungReal Estate Agent3 months ago
Rising Star22 Answers

This sounds stressful, and I want to make sure you get real help fast — this is a legal/contract matter, and time may matter here, so let's get you pointed in the right direction right now. First, the most important thing: contact a real estate attorney today, not just an agent. A $40,000 sale price on a home appraising at $400,000 is a massive discrepancy, and depending on your contract terms, deadlines, and state law, you may have very limited time to act. This isn't something to sit with overnight if you can help it — many real estate attorneys offer same-day or emergency consultations for exactly this kind of situation. A few things that will help whoever you talk to: Pull your actual contract and find these details: Is there actually a kick-out clause in this contract, and what are its exact conditions? (Kick-out clauses are typically used when a seller accepts an offer contingent on the buyer selling their own home first — they let the seller keep marketing and "kick out" that buyer if a better offer comes in. It's not usually a general "I changed my mind" clause, so it's important to see the exact wording of what's in your contract.) Are there any deadlines tied to it — a notice period, a specific number of days to exercise it? Is there an attorney review period or rescission period that might still be open? Some states/contracts have a short window (often 3–5 days) after signing where either party can back out for any reason — if you're still inside that window, this could be simpler than you think. A few honest things worth knowing: The fact that you haven't received any money yet is actually good news — it likely means the transaction hasn't closed, which usually gives you more options than if it had already funded. $40,000 for a $400,000-appraised home is such an extreme gap that an attorney may find other angles too — potential fraud, mistake, unconscionability, or errors in the contract — beyond just a kick-out clause. Don't sign anything else, don't communicate directly with the buyer about backing out, and don't do anything that could be read as "performing" on the contract until you've talked to an attorney. Let them guide your next move and any communication. I'm not a lawyer and can't tell you whether you're actually protected here — that determination depends entirely on your specific contract language and your state's laws, which is exactly why getting a real estate attorney on the phone today matters so much. If it would help, I can also help you put together a clear, organized summary of the timeline and contract details to bring to that attorney call — sometimes having it laid out clearly saves precious time in that first conversation. Want me to help with that?

Zoltan PeresztegiReal Estate Agent4 months ago

Hi Katey, the other agents are right that you need a real estate attorney, and quickly. But I want to add something specific to California that nobody has mentioned yet, because it may directly apply to you. California has a law written for exactly this fact pattern. If your home was in foreclosure (or headed there) when an investor got you to sign a contract to buy out your equity, the Home Equity Sales Contract Act (Civil Code section 1695) may apply. Under that law: - You generally have the right to cancel until midnight of the fifth business day after signing. - Contracts that do not contain the required notices and disclosures may be voidable even later. - The buyer is not allowed to take a deed from you, record anything, or pay you money before your cancellation window has fully run. A $40,000 price on a home worth around $400,000 is exactly the kind of gross imbalance courts and prosecutors look at hard. So please, in this order: do not sign anything else, do not accept any money from the buyer, and do not move out. Then get legal help immediately. If cost is a concern, LawHelpCA.org lists free legal aid offices by county, and the Riverside County Bar has a lawyer referral service. If a licensed agent was involved in putting this deal together, you can also file a complaint with the California Department of Real Estate, and your county District Attorney's real estate fraud unit takes reports on equity scams. I am a real estate professional, not an attorney, so treat this as a map of where to run, not legal advice. But do run, because your timeline matters here. I work in Los Angeles' South Bay, not far from you. If it would help to have a local Riverside County agent in your corner to establish what the home is really worth, I am glad to connect you with someone strong from my network. Zoltan

Juliana ReynosoReal Estate Agent4 months ago

I can understand why you’re panicking $40,000 versus $400,000 is such a huge difference that it’s important to get someone to review the contract immediately before you do anything else. A signed purchase agreement is usually binding, and a “kick-out clause” often has a very specific purpose, so it may not automatically let a seller cancel just because the price now seems too low. Call your real estate agent and ask them to explain exactly what the clause says and whether there are any seller cancellation rights, contingencies, deadlines, or errors in the contract. It would also be wise to speak with a local real estate attorney as soon as possible, especially before signing anything else or telling the buyer you are cancelling.

Jonathan ClaudioReal Estate Agent4 months ago

First, try not to panic, because if you have not closed yet you still may have options, but you do need to move quickly and carefully since a signed real estate contract is usually legally binding. A kick out clause only applies in specific situations like certain contingencies and does not automatically allow a seller to cancel just because the appraisal is much higher than the agreed price. Since there is a major gap between $40,000 and $400,000, you should immediately contact your listing agent and a real estate attorney to review your contract, especially any termination clauses or contingencies, before taking any action. There may be a legal way to renegotiate or exit depending on how the contract was written, but you should not attempt to cancel on your own without legal guidance.

Juan PicosReal Estate Agent4 months ago

If your property is truly worth approximately $400,000 and you signed a contract to sell it for $40,000, I would stop relying on internet advice and immediately consult a qualified California real estate attorney. The most important question is whether the contract is still active and what rights, if any, you have under the agreement to cancel or exercise the kick-out clause. The answer depends entirely on the specific language in the contract and the current status of the transaction. A few things to do right away: • Review the contract carefully. • Contact your real estate agent, if you have one. • Determine whether the appraisal, market value estimate, and contract price are accurate. • Speak with a real estate attorney as soon as possible before signing any additional documents. It's also worth confirming whether there may have been a misunderstanding regarding the sale price, ownership interest being sold, property condition, or other terms of the agreement. A difference between $40,000 and $400,000 is significant enough that professional legal review is warranted. Because contracts are legally binding, time is important. The sooner you have an attorney review the agreement, the more options you may have available. No one online can determine whether you can cancel the transaction without reviewing the actual contract and the facts surrounding the sale.

Nadia ColucciReal Estate Agent4 months ago

Hello Katey, A kick out clause typically allows you to accept a better offer if one comes in, but whether it applies here depends entirely on the specific language in your contract. The more urgent concern is whether there was a significant error in how the original sale price was determined, which could open other legal avenues to explore. Do not wait on this. Contact a real estate attorney ASAP. This is beyond agent advice territory and you need legal counsel reviewing your contract immediately.

Bonnie AlmarezReal Estate Agent5 months ago
Novice6 Answers

You need to speak with a real estate attorney immediately before signing or agreeing to anything further. If your property truly may be worth around $400,000 and the contract price is $40,000, that is an enormous difference, and you absolutely want professional legal advice right away regarding your rights, your contract terms, and whether there are any options to cancel or challenge the agreement. Do not rely only on verbal conversations with the buyer or agent involved. Gather: • Your signed contract • Any addendums • Emails/texts related to the sale • The appraisal or valuation information you received A “kick-out clause” can mean different things depending on the contract language and state, so an attorney needs to review the actual paperwork to tell you exactly what rights you may or may not have. The good news is you mentioned you have not received funds and the transaction may not have closed yet, so there may still be time to explore your options. But I would strongly encourage you to contact a qualified local real estate attorney as soon as possible because timing matters in situations like this.

Billee SilvaReal Estate Agent6 months ago

Katey, I would strongly recommend you speak with a real estate attorney who can review your specific situation and explain your options in detail. Since we do not have access to your contract and are not attorneys, we are not able to provide legal advice, but a qualified professional can guide you on the best next steps based on your agreement and documentation.

Ken SissonReal Estate Agent6 months ago
Rising Star15 Answers

Yes, Katey, contact a real estate attorney about your situation immediately. This situation is specific (to whatever contract you signed) and cannot be resolved with answer(s) from a forum such as this.

Keith Jean PierreReal Estate Agent6 months ago

Katey, I HIGHLY suggest you speaking with an attorney to discuss your options as unfortunately we do not have your contract to review and we are not attorneys on this platform, therefore we cannot give legal advice. If you require any further help, please do not hesitate to reach out. Best of luck! Keith Jean-Pierre Managing Principal The Dapper Agents Operations In: NY, NJ, FL & CA

Justin ShermanReal Estate Agent6 months ago
Rising Star18 Answers

Stop and call a real estate attorney today. Not tomorrow. If you signed a contract for $40,000 on a property appraising at $400,000, that is a serious situation and you need legal counsel before you take any other steps. An attorney can review your contract, explain what your kick-out clause actually allows, and tell you exactly what your options are before any money changes hands. Do not rely on advice from the buyer, their agent, or anyone with a financial interest in this deal closing. Get independent legal representation immediately. Most real estate attorneys offer a free or low-cost initial consultation. Find one licensed in your state today.

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