Legal Question in Real Estate Law in New Hampshire

seller trying to back out of deal

While trying to buy a home an arsenic level of .0166 was found in the well. According to our contract I was to notify the seller within 48 hours in writing of this. I did, and foolishly used the word unsatisfactory in the note. The seller called her backup offer and told them our deal was off & that they could have the house All my intention was , was to notify her of an unsatisfactory level of arsenic, I was then going to call her and discuss our options. According to our contract, if an inspection of any kind was ''unsatisfactory'' that the seller had the option of fixing it to the buyers satisfaction. She now tells us that the backup buyers are threating to sue her and that she has to sell the house to them. What can I do???


Asked on 5/01/05, 9:13 am

1 Answer from Attorneys
Len Foy NH Residential Title & Escrow

Re: seller trying to back out of deal

Hello -

My name is Len Foy and I am an experienced real estate attorney with the Law Offices of Gould & Gould - our office is located in Londonderry NH.

I'm wondering whether this is a FSBO (for sale by owner) situation? Are there realtors involved in the sale?

Your instincts are correct - characterizing the level of arsenic as "unsatisfactory" did not signal a repudiation of the contract, nor did it express your wish to be released from it. Your seller had no right to entertain the backup offer. She's in breach of her contract with you and my sense is that the "threats to sue" from the other so-called buyers are just that - threats.

I recommend that you retain an attorney - our office telephone number is (603) 434-3437.

Regards & Good Luck -

Leonard Foy

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Answered on 5/01/05, 3:44 pm


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