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We made an offer on a house in NJ, which got accepted. Then we went for Inspection and found lot of issues here and thr some of them being - utility appliances never been serviced in 14 yrs, leakages here and thr etc. The biggest issue being that of Pest Infestation. We saw signs of rodent activity and droppings all over the place, rodents also ripped off insulation in the basement / crawlspaces. Now this was never disclosed in the Seller's Disclosure (point where it asks if Seller is aware of any Pest Issues). We went back to our attorney and requested her if we can cancel the contract based on 'misrepresentation' in the seller's disclosure. Now the Seller and their attorney is making it difficult for us to get out of the contract saying pest is a minor issue and they cannot accept cancellation of contract on that basis.
Is there a way our Attorney can get us out of this contract? Coz we really don't want to get into a house with pest issues with a new baby coming into the family... Any advice is appreciated..
I think you are over reacting. small mice in homes happen. Just set some traps and in a bit they will be gone. Hire a pest guy to inspect for ways they get in and you'll be fine.
Are you having buyers remorse and just looking for a reason to cancel the contract?
We made an offer on a house in NJ, which got accepted. Then we went for Inspection and found lot of issues here and thr some of them being - utility appliances never been serviced in 14 yrs, leakages here and thr etc. The biggest issue being that of Pest Infestation. We saw signs of rodent activity and droppings all over the place, rodents also ripped off insulation in the basement / crawlspaces. Now this was never disclosed in the Seller's Disclosure (point where it asks if Seller is aware of any Pest Issues). We went back to our attorney and requested her if we can cancel the contract based on 'misrepresentation' in the seller's disclosure. Now the Seller and their attorney is making it difficult for us to get out of the contract saying pest is a minor issue and they cannot accept cancellation of contract on that basis.
Is there a way our Attorney can get us out of this contract? Coz we really don't want to get into a house with pest issues with a new baby coming into the family... Any advice is appreciated..
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.
@TonyStarksNJ - it might be overreacting as per few people, but the amount of rodent activity we saw was concerning. Also, if they did not disclose this particular issue in Seller's Disclosure, there might be other things that were hidden from us. Additionally, the Seller is not very responsive of even other issues we reported to them from inspection (list of around 45 items), its been 15 days that the report was shared with them and we haven't heard back on any of those items. So, we are not really sure how well our concerns will be addressed and when. Everything altogether is giving a bad feeling about the house...
@MiamiLIFE - that's a great suggestion, we will talk to our attorney about financing option.. also, from what we understood from inspector and other places, rodent issue is something that cannot be really 'cured' completely. My husband is highly allergic and i'm expecting.. our inspector told us if u try to clean the rodent droppings it can get into the air and the virus can have adverse effects on health..
@manderly6 - Inspection Contingency says - If any structural defects or environmental contaminants are found, or if all the aforementioned systems are not in working order or are in need of major replacements or repairs, Seller will be given ten calendar days after receipt of report to notify the Buyer whether or not the Seller agrees at his own expense to correct the structural defect, remove the contaminants, put the systems in working order and make all needed major replacements or repairs, or the Buyer may cancel this Contract.
Its been 15 days that we shared the inspection report with the Seller and haven't heard back from them.. they are kind of taking the whole process very lightly, whereas we are concerned as to we want to be sure our concerns are addressed ASAP.
@manderly6 - Inspection Contingency says - If any structural defects or environmental contaminants are found, or if all the aforementioned systems are not in working order or are in need of major replacements or repairs, Seller will be given ten calendar days after receipt of report to notify the Buyer whether or not the Seller agrees at his own expense to correct the structural defect, remove the contaminants, put the systems in working order and make all needed major replacements or repairs, or the Buyer may cancel this Contract.
Its been 15 days that we shared the inspection report with the Seller and haven't heard back from them.. they are kind of taking the whole process very lightly, whereas we are concerned as to we want to be sure our concerns are addressed ASAP.
What exactly did you ask for when you shared the inspection report?
Be firm with your Attorney that you want out of contract based on unsatisfactory inspection. BE FIRM, atty wants their share of the pie as well, if you dont be firm they will roll over you and make you buy the place.
@TonyStarksNJ - it might be overreacting as per few people, but the amount of rodent activity we saw was concerning. Also, if they did not disclose this particular issue in Seller's Disclosure, there might be other things that were hidden from us. Additionally, the Seller is not very responsive of even other issues we reported to them from inspection (list of around 45 items), its been 15 days that the report was shared with them and we haven't heard back on any of those items. So, we are not really sure how well our concerns will be addressed and when. Everything altogether is giving a bad feeling about the house...
What does a few mice have to do with some allergies? Now seller not being responsive (15 days), along with a list of many other things you say you have found, then yeah you may have some recourse. It seems to me you are simply looking to blow up the deal, which is fine. Good luck.
@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..
@SonorityGenius - yes you are right, we are trying to do that and push our attorney as much as possible..
@TonyStarksNJ - In case you are not aware, when you go to clean rodent droppings, there are chances that the Virus might get into the air and which can further cause allergies and infections.. We have invested lot of time and money in the property and we have a big amount at stake too, we wud be crazy just to 'find' reasons to 'blow' up the deal.. we have genuine concerns and hence the need to get out of the contract.
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