Legal Question in Real Estate Law in Nevada

Cancelling a Purchase Agreement with a Builder

My daughter and son-in-law purchased a home from the builder and put down a deposit of $18,800 towards upgrades, etc. Construction on the home started in the summer and it was due for completion in mid-October. My son-in-law announced to my daughter that he wanted a divorce in September and while she was in the hospital, although she asked him not too, he went to the builder and signed a cancellation to the purchase agreement citing divorce as the reason. My daughter never signed the cancellation and was not given an option to purchase on her own from the builder. She has a copy of the cancellation signed only by her husband. The builder says that since it wasn't a contingency sale she won't get any of her money back. I find it hard to believe that a builder can resell this home for a profit with all of the upgrades that my daughter & her husband paid for without returning any of the money to them. Do we have any recourse in getting any of this money back? Can they cancel the sale with just one signature when they were both on the original loan? Thank you for any help you can give.


Asked on 9/21/05, 6:40 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Re: Cancelling a Purchase Agreement with a Builder

This sounds like an unjust enrichment claim against the developer. The contract may set forth the manner in which to assert this claim. Consult an attorney immediately to protect your rights, including the issue of when your claim becomes time-barred.

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Answered on 9/21/05, 6:55 pm


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