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Old 07-28-2009, 07:27 PM
 
4 posts, read 7,703 times
Reputation: 11

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I recently (Jul 22nd) "bought" a house in Fishkill. It is a new construction and is being built by Toll brothers. We signed a contract but there are no seller's signature.
We are getting cold feet. We already have a house and dont want to buy this anymore.

Is there a way for us to back out?

Please advise.
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Old 07-28-2009, 07:34 PM
 
Location: Barrington
63,919 posts, read 46,491,381 times
Reputation: 20674
What does your contract say?
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Old 07-28-2009, 08:04 PM
 
Location: Salem, OR
15,509 posts, read 40,231,078 times
Reputation: 17383
Talk to an attorney.
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Old 07-28-2009, 08:05 PM
 
4 posts, read 7,703 times
Reputation: 11
Funny part is that the copy that I signed does not even have sellers signature. I don't think as per contract I can back out but my concern is that since I don't even have a copy where seller has signed , how can I even assume the transaction to be complete.
Also, I was hoping there would be some law in NY where buyer gets some grace period where he/she can decide to back out...Even WalMart has that policy...Any help would be greatly appreciated We are really loosing our sleep over this
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Old 07-28-2009, 08:08 PM
 
Location: Salem, OR
15,509 posts, read 40,231,078 times
Reputation: 17383
Some states have the right of revocation, but it is typically only 3 days. If you don't have the sellers signatures on the documents, then you might not have a fully executed contract. You need mutual acknowledgment for that.

In Oregon this would be a no brainer and you would write a letter to the builder revoking your offer. In Oregon without seller signatures, you only have an offer and not a contract. Offers can be revoked out here.

You need to call an attorney and pay $300 or so to find out if you have an offer or a contract and find out if you can revoke.
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Old 07-29-2009, 06:42 PM
 
4 posts, read 7,703 times
Reputation: 11
the offer says that the seller can change his mind for 30 days and while seller is "thinking" buyer can't revoke the offer. That sucks
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Old 07-30-2009, 09:21 AM
 
Location: SoCal
2,261 posts, read 7,211,982 times
Reputation: 960
Well, if you do an inspection and they find anything wrong... can't you back out then?
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Old 07-30-2009, 02:14 PM
 
Location: MN
761 posts, read 3,406,150 times
Reputation: 447
Quote:
Originally Posted by readymade View Post
Well, if you do an inspection and they find anything wrong... can't you back out then?
Don't you have to have the offer contigent on inspection though before that would work?
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Old 07-30-2009, 05:00 PM
 
1,949 posts, read 5,965,253 times
Reputation: 1297
Toll Brothers probably would not accept a contract contingent on an inspection of their new construction. They are very difficult to deal with. From what I've heard, they don't back down.
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