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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36197
Experience:  16 years real estate, Realtor. Landlord 26 years
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I signed a promissory note on Feb.26th and had it notarized

Customer Question

I signed a promissory note on Feb.26th and had it notarized for a as-is with not cost of repairs on a mobile home purchase No monies has been exchanged..I asked today Feb 29th if i could pay for a home inspection so i can have a full inspection done and now the seller is refusing telling me that it is as-is condition. Can this note be cancelled because of the sellers answer? if so how do i go about it ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can this note be cancelled because of the sellers answer?

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Unfortunately, the Note is legally binding the instant that you sign it. You wouldn't be able to back up now and make it conditional on an inspection unless the seller agreed or that was in the initial contract.

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That is why if you wanted the purchase to be conditional on an acceptable inspection the time to insist on that is before you sign a Note..

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But I don't see any reason why the seller wouldn't allow an inspection, it just doesn't change the enforceability of the contract regardless of what the results are..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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