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We signed a house buying contract on April 30th, and later…

Customer Question
We signed a house buying...
We signed a house buying contract on April 30th, and later we found out that the refrigerator did not stay as listed, also the square footage is less that what it was listed. We asked the seller to give us some allowance and amend the contact, the seller did not agree. We wanted to terminate the contact and release the earnest money. The seller is treating to sue us breaching the contract. What will be our loss if we lose the case?

Thanks!
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
6/11/2010
Real Estate Lawyer: Jack R., Lawyer replied 8 years ago
Jack R.
Jack R., Lawyer
Category: Real Estate Law
Satisfied Customers: 6,147
Experience: Mediator, part of the Ohio Save the Dream Foreclosure project
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If the seller does not fully comply with the terms of the contract then your performance is excused. In addition if the property is not as described, you are entitled to a credit in proportion to the shortage in square feet, or potentially to terminate the agreement.

 

If you lose, a court could force your to complete the transaction, or you could lose your earnest money. Given the size of the property was mis-stated a court could simply declare the contract void and restore all parties to the situation prior to contract signing.

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

 

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Customer reply replied 8 years ago
Our agent did not include "the refrigerator" in the contract, however, it was listed as " refrigerator included" on the realtor's page.

If we've tried to re-negociate the contract, and the seller did not agree, does it fall to the catogary of "breaching the contract"?

Thanks!
Real Estate Lawyer: Jack R., Lawyer replied 8 years ago

What is in the signed contract is what counts. The advertisement will not bind the seller if teh contract did not include the refrigerator.

 

 

All comments are provided for informational purposes only. A local attorney should be contacted for specific legal advice.

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