If the seller backs out for a reason that isn't provided by the contract, the buyer can take the seller to court and force the home sale. This is a long and drawn out process, and most buyers don Facts about Walking Away from a Home Purchase Contract. Aug 11, 2014 | Home Buyer Guidance. Buyers may get excited about the prospect of purchasing a home and put in an offer on the first house they like. However, once they’ve had more time to reflect, they may decide it isn’t the right house for them after all. The Risks of Backing Out of Escrow. A home sales transaction is a complex process that involves a lot of steps, but once the buyer and seller sign the contract, the transaction is considered “in escrow.”Once this step has been reached, funds are deposited into an account that is overseen by a third party and both the buyer and seller are firm on their positions.