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Old 08-30-2013, 08:58 PM
 
Location: northern va
1,736 posts, read 2,893,745 times
Reputation: 1688

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Quote:
Originally Posted by emotionallydistraught View Post
I have a home in escrow 2 weeks away from closing. During the 90-day escrow we found out the ducting for the AC is on the roof exposed to the elements, the 2 back rooms aren't ducted. There has been a flood in the front yard due to a broken sprinkler system. The outlets in the kitchen are not grounded. There is possible leak in the garage roof. The water heater broke and flooded the laudry room, but the seller pulled up the floor in there and put in a new water heater. We just found out there is rot on one of the overhangs in the roof. We want to back out of the deal, but the agent is saying we will get sued because we are so far into the deal--almost 90 days. Will we have problems if we back out now, or will we have more trouble if we don't with paying for future repairs?
briefly reading your post, but if the property is not in the same exact condition as when you went under contract, you may have a reason to vacate the contract. sounds as if something broke and was remedied/repaired, there may be grounds..

*i'm not a lawyer, nor have any idea of the contract paperwork you have in place.

good luck
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Old 08-30-2013, 09:30 PM
 
Location: Needham, MA
8,545 posts, read 14,030,644 times
Reputation: 7944
Quote:
Originally Posted by jackmichigan View Post
This, of course, varies by state. In Michigan, property transfers when a deed is conveyed--not when it is recorded.

This thread is a week old so I'd be curious as to what the OP has been doing.
According to the OP's profile they're in MA. In this state, ownership transfers once the deed is recorded.

Quote:
Originally Posted by kww View Post
briefly reading your post, but if the property is not in the same exact condition as when you went under contract, you may have a reason to vacate the contract. sounds as if something broke and was remedied/repaired, there may be grounds..

*i'm not a lawyer, nor have any idea of the contract paperwork you have in place.

good luck
A lot of contracts state this around here (not sure where that poster is from though). They should definitely review their contract and consult with their agent or attorney to see what their options are.
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