Legal Question in Real Estate Law in North Carolina

misleading disclosure form by seller

We considered purchasing a home in Cary, NC. We received a disclosure in which according to the seller everything is fine.

Now, I had to give them a $300 DD fee and another $1500 earnest money in order to proceed with the purchase offer. During the inspection, it turned out that there are several major issues with the home. The is water flowing under the foundation, HVAC system does not function properly. During the inspection the water heater couldn't be turned on. We found out that there is revers polarity in the garage etc.

We wanted to get out of the deal ASAP but I think they misrepresented the disclosure. If I had known that there is water, AC, water heater, electrical problem, I would have never proceeded with the offer. They said they'll refund my DD fee in case they can have access to my inspection report. I told them, fine just send me my $300 back. Didn't claim the whole $600. Now they changed their mind and don't even want to refund the $300.

What do you think I should do?


Asked on 3/14/12, 6:33 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

These issues are typically addressed in the standard "offer to purchase and contract." Depending on the nature of the defect, the seller typically can either rescind the agreement or can fix the problems. If the property has significant problems and the seller will not fix them, then you are likely to have rights. You might want to contact a lawyer and speak with him or her about this matter in more detail.

Read more
Answered on 3/14/12, 6:40 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in North Carolina