Legal Question in Real Estate Law in New Jersey
Seller refuses to follow contract
I signed a contract about 6 mos ago purchasing a house (mid-renovation from a developer.) We have a detailed contract specifying what the final product will be (appliances, finishes, fixtures) and the seller is now refusing to comply with these specifications. I succeeded in getting him to comply on several items in the past few months, yet at this point (1 month until completion) he is refusing to answer my questions of why he is not honoring our contract, and he, his realtor, and his attorney have all asked me whether I want to back out of the contract. It seems that they are trying to force me to cancel the agreement, yet I have never made any indication that I would want to do this. My contract states that if the seller is not able to adhere to the contract then I can get my deposit back, but I am still concerned about my attorney fees, inspections, etc. If he can be let off the hook so easily and at no loss to him, what is the point of the contract? He falsly claimed to agree to our contract for the past 6 months and caused me to retain an attorney for that period of time.
Any advise? Thanks!
1 Answer from Attorneys
Re: Seller refuses to follow contract
You will not get any short simple answer, because there is none.
These kind of situations are very messy. You have an attorney, who is probably getting paid a small amount of money (under $1000.00) to handle your closing. He is apparently unwilling or unable to talk to you about contract enforcement, what your options are, what you can expect as possible results. As I said, messy.
You need solid legal advice. Finding and hiring another attorney is a lot. Maybe consult, get a second opinion from an attorney who not only knows real estate, but goes to court and fights a good deal.
I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. A consultation, for an hourly fee, might make sense. You can then decide how you would like to proceed.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
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