Legal Question in Real Estate Law in New Mexico
Home purchase derailed
I am currently in process of buying an ''as-is'' house. Have a signed purchase agreement and went forward with home inspections (paid my myself). Property not in escrow per seller's addendum due to my clause that purchase could be terminated depending on finds of inspection. Seller has now come back and said he wants to back out of deal because he will not net-out enough money. He thought he would walk away with full purchase price that was agreed upon. I want to recoup the money I spent out of pocket for inspections. The seller if out of state (in Florida). The property is in NM (where I live). What state's forms apply?
1 Answer from Attorneys
Re: Home purchase derailed
It is not clear that the seller has the right to refuse to carry through with the sales agreement, but the law which applies is the law stated in the agreement or, if none is stated, then the law of NM where the property is located.