Legal Question in Real Estate Law in New Jersey
Hi,
I live in NJ and am currently under contract to buy a home. During the inspection, the inspection found 6 issues that he said point to their being a stucco problem. We've requested a stranded stucco inspection however, the sellers will only allow an infrared stucco inspection, which are highly inaccurate. The stucco inspection found, "Moisture stains and rot was noted at several areas of the band joist", he said this should be checked out during the stucco inspection.
I don't want to lose this house, but if they won't allow us to do a proper stucco inspection, we're going to leave. What kind of legal action do I have to ensure I don't lose my deposit?
2 Answers from Attorneys
If you are still within your inspection contingency, depending on how it is worded, you probably have the right to cancel the contract and get back your deposit. If there are Realtors, the Buyers Realtor should be assisting you in this. If is foolish to hold out for a particular type of inspection when the sellers won't agree to it and you already have evidence that there is a serious stucco issue. If you also have an attorney representing you, s/he is probably also advising you to take advantage of any contingency right you have to cancel the contract.
Canceling within the contingency period is the only action that will ensure your getting your deposit back. You have to do exactly as the contract provides - written notice to the proper parties, delivered in the proper manner within the time provided.
Don't waste time looking for other answers. Consult a real estate lawyer in your area immediately if you don't have one.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
i am not anywhere near you, so i can not assist you.
however, there have been big and expensive problems with specific types of stucco.
you need to be really careful before you buy this house.
get a smart lawyer on this now, and follow the lawyer's advice.