Need to get out of Contract on grounds of Pest Issues

[manderly6]

Originally Posted by pgupta

@manderly6 - when we shared the inspection report, we provided a whole list of items that we wud need to be fixed, which includes getting the pest issue fixed with a warranty that it has been fixed for good, its been 15 days but we haven't heard back..

Sounds like a done deal. They didn't respond in the given time frame. I would simply have my attorney send them a cancellation of contract. Not sure why anything else matters since they didn't respond within the agree upon time frame of ten days.

But it really sounds like you have a problem with your attorney. The fact you are on a message board asking how to get out of your contract is a pretty big warning sign.

[pgupta]

Originally Posted by manderly6

Sounds like a done deal. They didn't respond in the given time frame. I would simply have my attorney send them a cancellation of contract. Not sure why anything else matters since they didn't respond within the agree upon time frame of ten days.

But it really sounds like you have a problem with your attorney. The fact you are on a message board asking how to get out of your contract is a pretty big warning sign.

that's exactly what we told our attorney.. but she says that we can raise the '10 day deadline' issue only in case of structural damages or environmental contaminants.. in our list of fixes we also have items like - driveway and paved way sloping towards house, which can cause damage to the foundation.. so that's a structural issue..

also cleaning up rodent droppings may cause the virus to get in the air and that causes air / food contamination.. so not sure how these things are not qualifying for '10 day deadline'.. hoping things to work out in the coming week...

[SonorityGenius]

You can always threaten to report your Atty to the BAR for not having your interests in mind (fiduciary duty) and get a new Attorney

[PeterPickle]

Yuo can walk. This is what inspections for.

REaltors and attorneys try to pretend like its a big deal. It isnt. Happens all the time.

If u paid deposit the seller can be a pain but ultimately u will get it er back.

Forget about this house, start looking for another.

[PeterPickle]

Originally Posted by MiamiLIFE

Hard to get out of the contract. The seller most likely has a right to "cure" the issue. You can keep saying it hasn't been cured and delay the closing. Maybe the seller will get frustrated and agree to terminate the agreement. My guess is that you have a financing contingency. See if you can "blow up" the financing some how. That would be the easiest way out. Talk to you attorney. Your biggest issue is that your bound by the concept "specific performance". Basically, this means you will forced to buy the home as long as the seller has satisified the conditions to closing.

You might be hyping up the "rodent problem". It is very likely that you can get this "cured" before closing. If that is the only thing that concerns you about the deal, I would try and work it out with the seller. Just hold their feet to the fire.

What law school did you go to buddy boi? Camden Night School of Lawn? 99.9% of the cases even for cosmetic isues the buyer can walk and take his deposit. Do I think its fair? No, but its the law = its happend to me when a seller backed out due to too many tree's Like he didnt see them day 1. My realtor said basically theres nothing i can Do, going to court for specific perf. would cost thousands. Just gave back dep. and moved on.

You should cut down on your internet time searching for laws u dont understand and work on your education.