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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37365
Experience:  16 years real estate, Realtor. Landlord 26 years
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My name is***** am married with three kids. I have sold my

Customer Question

Hi. My name is***** am married with three kids. I have sold my house and made a contingent offer on another house. The seller did not vacate the house, so we had to move to an apartment for 3 months as he is promising to close on June 22. Actually, the seller's attorney promised to close in Mid May, so we were expecting to sell our home and move to the new home, but the seller backed out. The purchase contract do have the clause, which said that he has to vacate the house after 45 days of removing contingency. My attorney did not remove the contingency but informed them that we are applying for mortgage and both attorneys did agree on a closing date, which the seller backed out. It seems, he used the contract to his advantage without realizing our moving problem. Now, I would like to get out of the contract. We have realized that his house has no patio on the back side and he has just locked the door by putting a rod on the door. I would have to now build patio and we are discovering that there are many small expenses on the home, which we did not know in the beginning. Is there a way I can get out of this contract and get my deposit back?
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..Is there a way I can get out of this contract and get my deposit back?.Unfortunately, probably not. The fact that there is not a patio would have been obvious from the beginning of the initial inspection and the lack of a patio wouldn't give you legal grounds to terminate the contact. That would have needed to have been negotiated in the price before a contract was signed. .The additional small expenses that are part of owning the home are things that should have been investigated during any inspection period and then again....negotiated before signing a contract agreeing to buy the house..So you can still break the contract, but you would likely lose your deposit money since you don't have a legally valid reason to terminate the contract and still get your deposit back..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....As an aside, in addition to being an attorney, I have also been a licensed Realtor for over 12 years.....thanksBarrister