Legal Question in Real Estate Law in New Jersey

Is it a breach of contract or not?

I wanted to purchase a house in New Jersey. The septic system inspection showed the leach field needed replacement. We agreed to go ahead as long as we were satisfied with the install. After the work was done, the land was completely different. Where there was once an even, slightly sloping hill, there is now a ditch that is very close to the main entrance of the house. Not only did it look awful, it posed a hazard for my older family members who may lose their balance and fall. We were told the land cannot be put back to it's original state due to the current codes. Are we legally bound to purchase the property even though it is not what we originally fell in love with?


Asked on 2/14/05, 3:29 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Is it a breach of contract or not?

Assuming that you are under contract to purchase the house, I would have to look at that contract. That said, you should probably take the position that the leach field repairs are not satisfactory and require the seller to correct the condition.

Get some pictures that show the problem. You may need them later. Try to get something in the picture that shows the size and scale of the problem. Sometimes things look different in photos than they do in real life. If it becomes important, you may need to convince a judge that the problem is serious.

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Answered on 2/16/05, 9:44 pm


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