Legal Question in Real Estate Law in New Jersey

Disclosures in a house contract

I am the buyer.

I have signed the contract, given deposit money in escrow.

During inspecton, a majo crack was found in basement. It is confirmed by a structural engr as a ''major sturctural deficiency'' and hence I want to terminate the contract. Seller is not agreeing as he says he will fix the issue. But I still want to terminate as I am not comfortabe in buying such a house.

Also in the disclosure statement provided by the seller, this was not maked as a known defect. They marked it as ''NO''.

I am hoping that this would be some kind of breach (as if they lied) because if I had known this defect before, I would not have signed/made the offer.

Two questions:

1 Can I still terminate ?

2 Seller's failure to mark this defect in the disclosure, is this some kind of breach and does this make my case stronger as far as terminating the contract ?

Thanks a ton.


Asked on 7/02/08, 9:15 am

1 Answer from Attorneys
Gregory Kinzel Law Office of Gregory F. Kinzel, LLC

Re: Disclosures in a house contract

Assuming that your contract included a home inspection clause, and that the inspection contingency was not waived, then you would have the right to cancel based on the structural defect. You should receive your entire deposit back and face no further liability.

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Answered on 7/02/08, 9:45 am


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