Legal Question in Real Estate Law in New York

Can I get out of my contract/get my deposit back?

In March my mother and I signed a contract for a year round camp/home that was listed as ''completely furnished.'' We repeatedly asked the agent (who's father was the seller) to get us a list of contents to be removed. The only list we ever got was a scrap of paper with approx. 3 items on it. We have invested over 1000 dollars in this home with nothing to show. The owners have removed half the furnishings. Due to all the work this home needs, we can't afford to replace the missing furnishings. Were also planning on selling unneeded furnishings, etc. to pay for renovations suggested by inspectors/contractors. We are 2-3 weeks away from closing. Also: the seller said ''I don't know'' all over the contract, but a serious mold problem in the house (burning eyes/throat--black mold all over bath walls) is blatantly obvious. Unless the seller never stepped foot in the house when he bought it, or was totally stupid, he had to know about it....It will cost us hundreds of dollars to eliminate the mold, and more $$$ to redo the bathroom. Question: If the owner does not return the furnishigs, can we back out of the contact? And if yes, can we at least get some $$ back? Or will we have to pay $$$?


Asked on 4/26/04, 4:39 am

1 Answer from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Can I get out of my contract/get my deposit back?

If the mold was "blatantly obvious" you are on notice that it existed BEFORE signing contract. The inclusion of furniture should have been itemized in the contract as being included. A contract merges all verbal agreements so if it isn't in contract you prob have no recourse. Didn't you have an attorney? It is my opinion based on the limited info you gave that you can not legally back-out and if you do, you will lose your down payment (see contract for Buyer's default clause).

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Answered on 4/26/04, 7:54 am


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