j****j
发帖数: 40 | 1 We live in north New Jersey and need some help from experts. We signed the
contract and did inspection yesterday. Inspector found termite treatment
evidence in the house but didn't find live termite in the house. In the
seller disclosure, it says "not aware of termite treatment". We want to
withdraw the contract but my attorney says we don't have legal basis to
terminate the contract. Since my attorney was recommended by my real estate
agent, I don't know if he is just trying to push through the | m**********n
发帖数: 71 | 2 Kind of surprised to learn that your attorney is not fighting hard for you.
1. Based on just what you quoted, it seems that you do have a right to
terminate the contract and ask for a refund from the seller if there turns
out to be a termite problem.
2. Need to look at other provisions, e.g. the Representations & Warranties
part and the Conditions to the Closing part (if there is any). Generally
speaking, if the buyer misrepresented (i.e. he/she told you something unture
about the house), then y
【在 j****j 的大作中提到】
: We live in north New Jersey and need some help from experts. We signed the
: contract and did inspection yesterday. Inspector found termite treatment
: evidence in the house but didn't find live termite in the house. In the
: seller disclosure, it says "not aware of termite treatment". We want to
: withdraw the contract but my attorney says we don't have legal basis to
: terminate the contract. Since my attorney was recommended by my real estate
: agent, I don't know if he is just trying to push through the
| j****j
发帖数: 40 | 3 Marshallyuan,
Thanks a lot for the detailed explanation! I do feel much more confident now
. We will go for second inspection and let you know the result. I will ask
the lawyer to write something why he thinks we can't withdraw the offer if
it turns out termite exists. I do feel that he was kind of threatening me
although this feeling might be wrong. The only explanation I have that he
does this is my real estate agent usually works with him, if the deal fell
apart, the agent can't get commissio
【在 m**********n 的大作中提到】
: Kind of surprised to learn that your attorney is not fighting hard for you.
: 1. Based on just what you quoted, it seems that you do have a right to
: terminate the contract and ask for a refund from the seller if there turns
: out to be a termite problem.
: 2. Need to look at other provisions, e.g. the Representations & Warranties
: part and the Conditions to the Closing part (if there is any). Generally
: speaking, if the buyer misrepresented (i.e. he/she told you something unture
: about the house), then y
| m**********n
发帖数: 71 | 4 Jim,
sorry, I overlooked one thing
" If the inspection reveals any such infestation or damage, then
the Seller shall notify the Buyer in writing immediately upon receiving the
report wheter he will, at his own expense, eliminate such infestation and/or
repair any structural damage caused by such infestation before the date of
closing or whether he wishes to refund the deposit to the Buyer. "
So it seems the Seller will have an option to cure the termite problem. If
he chooses to do so, you can N
【在 j****j 的大作中提到】
: Marshallyuan,
: Thanks a lot for the detailed explanation! I do feel much more confident now
: . We will go for second inspection and let you know the result. I will ask
: the lawyer to write something why he thinks we can't withdraw the offer if
: it turns out termite exists. I do feel that he was kind of threatening me
: although this feeling might be wrong. The only explanation I have that he
: does this is my real estate agent usually works with him, if the deal fell
: apart, the agent can't get commissio
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