Legal Question in Real Estate Law in Wisconsin

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In the process of buying an older home. Have signed the counteroffer purchase offer. When we had the inspection the inspector discovered a small opening in the basement and through it was a dirt crawl space, 12'x12'. This totally freaked me out and really bothers me as it is under the kitchen. Also, would want to have a radon test because of this and cannot unless I sign a paper saying if there is radon I would have to pay to fix it. I would really like to get out of this deal, because of the crawlspace. Thank You


Asked on 12/03/08, 12:28 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Real Estate Defects Discovered Prior to Closing, Right to Cancel; Right of Seller to Cure

I could not advise you without reading over your entire purchase contract. However, I can tell you this much; you need to consult with an experienced real estate lawyer as soon as possible. You may have rights which quickly expire over time. If properly preserved with objections to defects discovered during an inspection, this is the type of situation which could allow a buyer to back out of a transaction or force the seller to cure the defect at the seller's expense. However, your time to assert these rights is usually very brief and may in fact already have passed. Unless you subsequently retain me, my comments here are not intended as legal advice; you must instead consult your own attorney. Good luck.

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Answered on 12/07/08, 7:18 pm


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