It’s not uncommon to hear stories about buyers getting cold feet.
But sometimes, it’s the seller who goes silent. Your client’s made an offer, maybe even signed a contract, and then… nothing. Emails go unanswered. Calls don’t get returned. They’re left wondering whether the deal is still on or if they should be looking elsewhere.
If this sounds familiar, here’s what you need to know: seller silence isn’t just frustrating; it can have real consequences. But your clients do have options, and legal remedies may be available to them.
Step 1: Review the Contract (If There Is One)
If the seller signed a contract, that agreement governs the relationship, including timelines, contingencies, and obligations. A contract should outline what happens if one party fails to perform.
Often, contracts include “time is of the essence” clauses, meaning deadlines matter. If the seller misses key deadlines or fails to proceed with agreed-upon steps (like providing disclosures or scheduling an inspection), they may be in breach of contract.
Step 2: Involve an Attorney Promptly
Clients should not wait too long to get an attorney involved. Real estate deals move quickly, and timing matters. A seasoned real estate attorney can:
- Interpret the contract to determine whether the seller is in breach.
- Send a formal notice or demand to the seller.
- Preserve their right to enforce the contract or walk away with earnest money intact.
If a deal involves financing, delays from the seller could also jeopardize loan approval, so acting quickly can help minimize complications.
Step 3: Protect Earnest Money
One of the biggest concerns when a seller ghosts is the fate of the earnest money deposit. If the seller fails to perform, your client may be entitled to a full refund, but that process can get messy if the seller is uncooperative.
Your clients should work with an attorney and the escrow holder to document their position and initiate the return process. Clear communication and legal backing make it much easier to recover funds.
Step 4: Decide Whether to Push or Pivot
Sometimes, buyers want to push forward, particularly in competitive markets.
But if the seller continues to be nonresponsive, you have to ask: Is this really the property you want to fight for?
Depending on the circumstances, your client may be entitled to pursue specific performance (forcing the seller to go through with the sale), but that can be costly, time-consuming, and not always worth the effort. An attorney can help weigh legal leverage against practical outcomes.
The buyer might choose to record their contract against the title so that the seller cannot sell to another party. If the seller was delaying to try to get the buyer to walk away, this might prevent the seller from having that advantage.
When a seller disappears, it’s a signal that your clients need to protect themselves. Buyer silence gets all the headlines, but seller silence can be just as disruptive. The key is knowing your rights, having the right legal guidance, and staying proactive.
In real estate, silence isn’t golden; it’s a liability.
The Minchella & Associates Difference
With over 40 years of experience in Illinois real estate law, Erica Minchella has represented thousands of home sellers and buyers, landlords, and commercial and investment property
