Legal Question in Real Estate Law in Wisconsin

Can I get out of this contract??

I signed a contract to build a new home (spec home) with the contigency only if my house is sold. I am listing the house myself and have been for about 5 months. I have $1,000 down in earnst money on the new home. I have a change of heart and would not like to build this home.

There is nothing in the contract stating that I have to have a for sale sign, or any advertisments. Also, there is nothing in the contract stating that my home has to be forsale for a period of time.

Is there any way out? Or do I have to eat it and build this home?

Thanks,

-Josh


Asked on 1/23/05, 6:03 pm

2 Answers from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: Can I get out of this contract??

Greetings,

It is impossible to give someone legal advice they can reply on, sight unseen, via the internet. However, I would not build a the house without getting a couple legal opinions in person. Someone would have to read the building contract to get a better idea of your legal rights. My guess is that the only issues will be what kind of notice you give to the builder and whether you will be able to get your $1,000 back. Again, these are just some thoughts, not legal advice, so do not act on the basis of this email, other than to get legal counsel.

Best wishes,

Mark J. Mahoney

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Answered on 1/23/05, 6:31 pm
JAY Nixon nixon law offices

Re: Can I get out of this contract??

Most standard "sale of other real estate" contingencies allow the buyer to withdraw from a contract on a new residence and return of earnest money if no sale occurs after a certain period of time. This clause would normally require a good faith effort to sell your old residence, but may not clearly define what steps toward accomplishing the sale you must make. Your "for sale by owner" efforts may be enough. I would have to read your sales contract, but you might have an out if your house does not sell. Good luck!

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Answered on 1/24/05, 7:07 am


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