Cancel a contract by the buyer.

Have acontract on a home listed and stated by realtor as a 3 bedroom.The realtor showed me the home and showed the ‘three’ bedrooms, the windows were covered. Second visit, I asked about the covering in the one bedroom, realtor said it could be removed to show window.Walked to the enclosed porch and realized the bedroom backed up to it. Realtor said the board could be removed to see the porch area.This is not a useable bedroom. She disagreed and said wait for the appraisal.Appraisal states the home is two bedroom and can not be changed back. Realtor says I signed contract have to buy. Do I?

Asked on July 4, 2009 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The contract you signed--did it state that the home was a three bedroom? Or otherwise can you prove (such as by the real estate listing, correspondence with the realtor, etc.) that you signed to buy because the home is a three bedroom?

If you signed a contract to buy a three bedroom but it turns out that it is NOT a three bedroom, then yes, you can get out of the contract--the contract is void because what you wanted to buy is not in fact what's available. If the realtor and seller don't want to let you out of it, you'll need to be prepared to prove the matter (that's why I asked whether you had evidence that you had contracted to buy a 3 bedroom home; you also would need the appraisal as evidence that it's not), but as long as you can prove it, you should win.

 


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