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Results 1 to 5 of 5
  1. #1
    njbillfish is offline Renter
    Join Date
    Mar 2010
    Posts
    1

    Default help getting out of a contract?

    looking for some advice.... we are under contract to purchase a home. went under contract in early dec 2009, closing date set as 3/31/10. however, in late dec 2009, it was determined that there was contamination on the property from an old underground oil tank that was being removed. despite this, the seller's were optimistic that the clean-up could be completed and the NFA (no further action) letter obtained in time to close on 3/31/10..... until recently. in early march, we got a letter from the seller's lawyer stating that due to the oil contamination clean-up, a late june 2010 closing is what they expected? this past friday (3/26/10), we got a letter stating that a july 30, 2010 closing is now what they expect? all the communication has been through the lawyers. we (the buyers) have sort of been sitting on the sideline, watching and waiting to see where this goes. we have not submitted any letters/documents to the seller's, stating that we agree or disagree with the proposed, delayed timeframe. now, what are trying to figure out, is if we can walk away from this deal (contract) and get our deposit (that was put towards the purchase of this home) back? the easy answer would be ask our lawyer. however, our lawyer is out of town for the next week and we would like to know our options within the next day or so? a new home that we would like to potentially like to put a bid in on, has recently come on the market and we would like to make a move on it asap. what are you thoughts? in light of what has transpired, can we walk away from this deal and get our deposit back? thx so much in advance for any/all advice?

  2. #2
    Greg is offline Moderator
    Join Date
    Sep 2007
    Location
    Outer Banks
    Posts
    1,281

    Default

    As long as you did not sign an extension you should be able to get your earnest money back. The sellers are asking for a 4 month extension which is undoable foe most buyers on a schedule. I hope you have a buyers agent who can ask another lawyer they use for their opinion because it really depends on what it says in your contract. If not, then take your contract to another attorney for a real opinion.

  3. #3
    maui is offline Moderator
    Join Date
    Jan 2010
    Location
    Wailea, HI
    Posts
    458

    Default

    Nj, I assume this is a fsbo as you made no mention to realtors but mentioned your attorney. The fact that they could not meet the timeline as directed by the contract and you did not agree to an extension would relieve from your contractual obligation. And yes, you will get your money back.
    View our Realtor.com page for contact info and visit our complete list of allMaui condos in Wailea updated in real time. View our WP Maui site and Maui Weebly Page for local events, market data, and property listings.

  4. #4
    Join Date
    Dec 2009
    Location
    Boise, ID
    Posts
    93

    Default

    You don't have to agree to the extension.
    Aaron Catt--o2 Marketing Group
    Serving all of Ada County (Boise, Meridian, Kuna, Eagle & Star)
    Boise Real Estate Blog
    Homes for sale in Boise

  5. #5
    Partizannka is offline Fixer Upper
    Join Date
    Apr 2010
    Posts
    36

    Default

    I think that law is on your side here, you should just go for it!

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