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03-28-2010, 07:46 AM #1
Renter
- Join Date
- Mar 2010
- Posts
- 1
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?
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03-29-2010, 05:31 AM #2
Moderator
- Join Date
- Sep 2007
- Location
- Outer Banks
- Posts
- 1,281
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.
Your Outer Banks real estate agent. Learn how to buy Outer Banks foreclosures.
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03-30-2010, 01:24 AM #3
Moderator
- Join Date
- Jan 2010
- Location
- Wailea, HI
- Posts
- 458
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.
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03-31-2010, 09:20 AM #4
You don't have to agree to the extension.
Aaron Catt--o2 Marketing Group
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04-07-2010, 02:10 AM #5
Fixer Upper
- Join Date
- Apr 2010
- Posts
- 36



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