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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118697
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I i already signed contract with Fannie Mae and gave them

Customer Question

hi my name is ***** ***** i already signed contract with Fannie Mae and gave them 10% down payment. When we did title search we also did survey and we found out that the neighbor built wall between their house and the property that i want to buy and their wall took our land about 1 foot. so my question is can i terminated my contract? and if yes did i get back my down payment?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Has any paperwork been filed?
Customer: you mean the contract? FYI be buy with cash no mortgage
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Before you complete the sale, if there is a boundary dispute that causes a cloud on the deed. The seller has to cure that defect and issue of the boundary defect and if they refuse to do so then that is grounds to cancel the sale and demand a refund, since the property being offered for sale is not actually what is being offered and this is a material difference sufficient to cancel the contract and recover your deposit.
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