Legal Question in Real Estate Law in New Jersey

Can I back out of a realastate contract

I placed a deposit on a house i liked. After the three day attorney review, i set up a home & termite inspection. There was several problems with the house, water stains on sheathing around plumbing stack wet, Fascia/Scffit excessive rot, then termite tubes in and around garage. the house is built on a slab and there is no way to determine any damage without opening the walls. I listed the above repairs i want done and the seller is not getting back to me until the 5th day which they have to answer me back on weather they will do the repairs. After getting the termite inspection and not knowing weather there is any damage i want to back out of the contract and get my deposit back. how can i do that with out breaking the contract.

thanks,

--name removed--

i


Asked on 11/10/04, 1:54 am

4 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Can I back out of a realastate contract

Your ability to get out of the contract depends upon the language of the inspection provisions of the contract, since attorney review is over. I would need to see the language to give you a definate answer. Traditionally, if the Seller does not timely respond and agree to the repairs required, depending upon the contract language in your contract, you have the right to terminate and receive a refund of your deposit. Again, your language is what controls.

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Answered on 11/10/04, 5:04 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Can I back out of a realastate contract

It would depend on the exact wording of the home inspection clause in the real estate contract and the damages; however, it appears to me that you could back out. You should do this with an attorney, because you want to be sure that proper notices have been given of your intent to back out of the contract. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with an attorney. I would be happy to discuss this matter with you, if you would call me at 856-546-8010. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner

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Answered on 11/10/04, 9:00 am
Blair Lane, Sr Earp Cohn, P.C.

Re: Can I back out of a realastate contract

I understand your concerns! A review of the contract is necessary to determine your rights and whether you can get out of the contract. You should consult with a lawyer. Please feel free to call me as I would be happy to meet with you to review the contract.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for

clients through out New Jersey and Pennsylvania with a diversified law practice, consisting

of assisting clients and their families with various legal matters including but not limited to Real Estate matters.

The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is

conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City

Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

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Answered on 11/10/04, 9:50 am
Michael Carroll Michael D. Carroll, L.L.C.

Re: Can I back out of a realastate contract

Without seeing the contract, it is difficult to advise you. Generally, the home inspection clause will allow a buyer to cnacel the contract if the seller is unwilling to make requested repairs.

If you do desire to cancel the contract, you should contact an attorney. Please feel free to call me @ 609-601-9500.

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Answered on 11/10/04, 9:57 am


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