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I have a signed contract for the sale of my home. My home is…

I have a signed...

I have a signed contract for the sale of my home. My home is located in Macon Township Lenawee County MI. The inspection identified a significant septic problem:the absence of a drain field. There has never been a functioning problem. Since this was unknown to me when this contract was signed am I still bound by this contract? Thank you

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

Michigan Lenawee County

Lawyer's Assistant: Has any paperwork been filed?

No. I am unaware of any.

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

I visited the Department for Environmental in Adrian MI yesterday and received information on file. The last review of the property was 1970. I learned the process to correct deficiencies.

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Answered in 5 minutes by:
3/14/2018
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,874
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Good morning. Do you now want to get out of the contract and not sell? does the buyer want you to correct this?

RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 30,874
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Customer reply replied 1 month ago
Wondering if getting out of contact is an option. Maybe time to learn process of system change as well as cost.
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Customer reply replied 1 month ago
If I choose to cancel this sale because I want to be on site for this work and because I had no prior knowledge that the deficit existed will i be vulnerable to any legal action? Just to add a couple of details. I'm not sure they are relevant however. I went to the environmental health department for our county. I learned there was no documentation on our property since 1970. When I asked about followup to that assessment the answer was simply "no followup.." Also my husband typically took responsible for tasks of this type. He is deceased so ofcourse I cannot follow any history he may have been aware of. I commented yesterday that my decision is largely influenced by personal goals.This relates to a promise I made to myself after my husband died. Shortly before his death he had chosen to remodel our entire house. His death occurred unexpectedly when the house was in a state of destruction. I promised I would continue with his project and would turn our home over only when I believed it was in excellent condition. I realize this may mean nothing in the legal understanding but it does explain my reasoning.

I do understand and am sorry for your loss. If you advise the buyer that you will not be proceeding, the burden would shift to them, to decide what to do. Of course, they will want their deposit back but they would then need to decide if they want and are able to go after you are sue for any additional damages or costs incurred or sue for specific performance and force the sale of the home. Wanting to be on site for the work, is not a legal basis to stop the sale. As I shared yesterday, you can refuse to correct this if they demand it, which may result in them walking away but if they want to proceed and buy the home as is, that is when a legal issue could arise.

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