Legal Question in Real Estate Law in New Mexico

getting out of purchasing a home

We recently bid on a home and was accepted but when we had the home inspected we found radon, the seller agreed to mitifgate the radon but the work is more extensive then we were told. Can we get out of it?The work was to be done by a certain date now that date has been exceeded. What can we do?


Asked on 12/12/08, 3:41 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: getting out of purchasing a home

The answer depends upon the contract or other writings you had with the seller concerning radon. For example, what are the penalties, if any, for not having the work completed on time. Also, when the work is done will the property then pass inspection. Radon can be a problem which is most difficult to cure, as the gas is emitted from below ground and the depth of the excavation necessary to cure the problem is seldom known before work is started. Your contract and other writings should be reviewed by legal counsel so your rights and remedies can be determined specifically.

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Answered on 12/12/08, 3:53 pm


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