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We are in a contract to purchase a newly built home and the…

Customer Question
We are in a...

We are in a contract to purchase a newly built home and the inspection came back horrible at 49 pages long. The builder won’t release us from contract. Is there anyway to get out of it? He said he would fix the items but the house is built like crap

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Has any paperwork been filed?

Filed?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What do u mean by filed

Submitted: 7 months ago.Category: Legal
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Answered in 12 minutes by:
12/16/2017
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Is there a clause anywhere in the contract that says your obligation to purchase/perform is contingent upon the house receiving a satisfactory inspection?

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Customer reply replied 7 months ago
It says contingent on inspection but the realtors say we have to give him a chance to repair the problems.
Customer reply replied 7 months ago
Is there any loop hole to get us out or are we bound to this contract
Lawyer: Lucy, Esq., Attorney replied 7 months ago

You have to negotiate with him in good faith regarding the inspection results. If he's willing to fix everything, then "good faith" would require that you give him a chance. But if he refuses to fix anything, or if he fixes things and they're still not acceptable, then you could break the contract.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

Alternatively, if fixing the problems would take an unreasonable amount of time - say, six months or longer - that could also be grounds for walking away.

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Customer reply replied 7 months ago
if he does the fixes and the inspect again if there not correct we can walk away.
Lawyer: Lucy, Esq., Attorney replied 7 months ago

Right.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

Check the contract to see if you'll forfeit any earnest money paid in that scenario.

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Customer reply replied 7 months ago
Ok got it thank you
Lawyer: Lucy, Esq., Attorney replied 7 months ago

You're welcome. Good luck.

Please rate my answer positively so I get paid for the time spent answering your questions. If you're on a mobile device, you may have to scroll to the right. Thank you.

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Customer reply replied 7 months ago
Quick question we are probably retaining a real estate lawyer to try and get us out you think they could. The house is built horribly
Customer reply replied 7 months ago
U still here?
Lawyer: Lucy, Esq., Attorney replied 7 months ago

I'm sorry, I had some computer issues pop up.

It's possible that a real estate lawyer could put pressure on the builder to let you out of the contract, especially in light of the amount of repairs needed.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

I'm going to need to sign off to see if I can get my computer working again. I'm sorry. If you have any other questions about this, I'm happy to answer them in the morning.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

Do you have any other questions about this?

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