Can I break a new construction contract less than a month before completion?

UPDATED: Oct 1, 2022

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Can I break a new construction contract less than a month before completion?

I am worried I will not be
able to afford the payment
on my own. My marital
situation is complicated
right now and I don’t want
to add more stress.

Asked on November 7, 2017 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your marital and financial situations, or the stress which you are under, are, unfortunately, completely irrelevant. You can only get out a contract if--
1) The contract has some early termination or cancellation provision, and you fully comply with it; 
2) The other side (e.g. the builder or developer) breaches (or violates) the contract in a material (or important way), such as by not meeting critical deadlines, or not constructing the home the way it was indicated in the contract (e.g. building a different model or not including significant upgrades); or
3) The other party committed fraud, or knowingly lied about something important to get you to sign the contract.
Apart from the above, you will remain obligated to the contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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