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Getting out of a real estate contract?

We have a signed contract on a house in KS... however it is not going to close by the date on the contract due to contractors not showing up to do the remodeling. The broker who is selling it says it will be 99% done and she would let us move in before closing. We don't want to do this and in fact would rather just buy a house in a different community. We are willing to forfeit our earnest money, no inspections or apprasials have been done. She is terribly upset and says she will seek damages --- for "customization". When we started she was trying to flip the house and allowed us to choose the exterior paint colors (we paid for the trim color - white with blue trim), laminate flooring rather than carpet in two bedrooms(in contract), primer rather than paint in the bedrooms, I picked the countertop color, refinishing the porch(in contract), etc. Everything was something she was ALREADY planning to do and we only made minor changes if at all.

Thoughts?

Update:

There are no contingencies for extra time past closing, the contract states that some specific work would be done and "All other home improvement projects started by the seller". There are contingencies for financing, inspections and apprasial - it's a USDA loan so if it doesn't appraise for what we are paying or more we can walk. As I understand it people walk all the time from these things and don't get sued.

Update 2:

Also, we did not "request" updating she was already remodeling the house to flip and we just changed a few minor things - please reread my post.

The contract states that we will close on or before Sept 5th - she didn't tell my husband it would need extra time but she told our realtor that the same day she talked to him! I'm afraid that we will extend two weeks and then it still won't be done, etc,etc. I don't see why she's so upset she can still sell the house for the same price or more when it is actually done - the area we are in is booming right now because of military influx and there isn't enough housing on post. But we need to find something else - have been househunting for 5 months.

Update 3:

We were going to add an addendum to the contract stating that for every day past closing they must pay $100 to help cover our lodging costs,etc but she said she would NOT pay penalties for not closing on time - but we could move in before closing as it should be 99% done. We are not willing to do this - it's either done or we don't want it.

6 Answers

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  • Favorite Answer

    Without taking a careful look at the purchase contract you signed, there is really no way to know what, if any recourse you ahve for them not closing on time (I agree, do NOT more into the house until EVERYTHING that was supposed to be done, is done).

    Again, without looking at the exact terms of the contract, there is no way for us to say what other damages they might be able to seek, but here, (North Carolina), a seller could sue a potnetial buyer for much more than just the earnest money - including the costs of owning the home after the contractual closing date, further costs of finding a new buyer, etc.

    I would advise speaking with your buyer's agent (if you have one) or a real estate attorney as to your options.

    Source(s): NC REALTOR
  • ?
    Lv 4
    5 years ago

    Find a regional Real Estate Agent to study the agreement - they SHOULD be inclined to do it for FREE. If you are not able to uncover an agent on the way to do this - take it to a regional Real Estate workplace and ask for the dealer. Did you purchase for your possess? Or did you employ a Realtor to make this present? I certain wish you used a Realtor in order that they would have defined agreement tasks as you moved ahead. MOST acquire agreements will state that earnest cash is refundable IF you are not able to get financing or IF you've gotten any disorders in the course of the purchaser inspection time period. However, when you did not use a Realtor on this case - the builder is most likely going to write down the PA in order that it advantages them now not you. I'm an agent in MN & I might like to support, however I consider you would be bigger off discovering a regional Realtor (when you consider that their familar along with your regional atmosphere and practices) but it surely comes down to what is to your agreement. Read the financing addendum - see what it says exceptionally related to your earnest cash. Anyone reviewing the agreement are not able to fairly ofer authorized recommendation however can a minimum of check out to give an explanation for your viable choices.

  • 1 decade ago

    i would not close without all work being finished. i think she has to pay you for delays in closing ? if there are any.

    i'm not sure how the customization charges would fare. i mean new homes are built all the time according to buyers specifications and for various reasons not all house sales close.

    the only other option is to review your contract . maybe you need to ask your banker if they can help you out / say your financing didn't go through ? there are usually some safety clauses to get out of contracts written into them. did you have an atty review it ?

    i guess it depends on what you want . if the house hasn't closed and you aren't willing to do the deal i would think that forfeiting earnest money is enough. ask an atty to find out your options. good luck.

  • Anonymous
    1 decade ago

    Unless you have contingencies in the contract that cover the remodeling and time table then she can sue you for breach of contract.

    IF there is a set time for the closing and it does not happen, walk away and demand your earnest monies back. BARRING any written contingencies in the contract that allow for extra time.

    ADDED

    DJB I am a little disappointed in your answer, if there are no contingencies giving an extention of time , alone, to close the deal is OFF.

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  • Anonymous
    1 decade ago

    Honey if you walk away she has every right to take you to court. You signed a legally binding contract and any judge will award her commission plus damages. I strongly urge you to comply with the contract. If you requested updating or changes be made and they have complied you could also be sued for those charges. Putting a big crimp in your ability to purchase anything else.

    You may want to consult with an attorney, but I'll bet he advises you complete the deal.

    Source(s): Realtor/Appraiser-Minnesota
  • gab BB
    Lv 6
    1 decade ago

    walk away and demand your earnest monies back

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