It depends on why the parties didn’t close the transaction. You would need to describe the sequence of events or reason why it evolved this way.Example 1: Let’s say the buyer’s lender needed additional time to get the loan documents into escrow and the loan funded (an avoidable issue but one which occurs quite often). Without the loan docs to sign, the closing gets delayed. The seller needed the funds on time to close on the purchase of their next home on time, so now we’ve got one very upset seller!This would be a breach by the buyer. The seller can sign quickly just after the buyer does, so they wait for confirmation that the loan docs are received, etc. In this case, neither party has signed but it’s the buyer’s fault.Example 2: Let’s say the buyer is ready to sign the loan documents but the lender requires a particular document signed by the seller. The seller is scheduled to sign their papers on Thursday afternoon and closing (title transfer to the buyer) is set for the following day, Friday afternoon*. The buyer has movers and everything set to move-in Friday evening.Unfortunately, the seller misses the bus to the signing appointment and cannot get to the escrow office before it closes on Thursday. The seller reschedules to sign on Friday, but the buyer is not available to sign the loan docs on Friday, so the closing slips to the following week. It turns out that Monday is a holiday, so the closing gets delayed until Tuesday (at the earliest). Uh oh…The buyer loses their appointment with the moving company, they have to cancel all the friends who were going to help, and the buyer is leaving on Tuesday for a business trip, so a bad situation is getting worse. We’ve got one very upset buyer who now wants compensation.This would be a breach by the seller. In this case, neither party has signed but it’s the seller’s fault.And, yes, stuff like this does happen. After you’ve been a broker for 20+ years, you have a few stories to tell.*Assume that we table fund Friday morning and record special Friday afternoon. It happens.Note: the answer by Robert Flynn misunderstands the question: the Purchase/Sale Agreement has been signed and is executory. The poster said the final closing papers (loan, deed of trust, etc.) were yet to be signed. Big difference.