Can withdrawing from a contract due to unforseen medical problems result in breech of contract and/or loss of deposit.

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Can withdrawing from a contract due to unforseen medical problems result in breech of contract and/or loss of deposit.

We made an offer on a property.The offer was accepted with changes but added we get a mortgage pre approval within 72 hours.We never initialed changes.I gave our agent the pre approval but asked him not to send it, which he agreed to do. He was to hold it until the next day when I had a medical test. I found I needed heart surgery.I advised my agent that we did not wish to continue with the purchase due to cost of the surgery.He wants me to sign a letter that we wish to withdraw our offer and cancel the contract to get our deposit.Does signing this letter leave me open to breech of contract.

Asked on May 12, 2009 under Real Estate Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I can't tell you for certain without reading through the actual paperwork, and I'm not a Florida attorney.  You should take the paperwork to a Florida real estate lawyer as soon as possible, tomorrow (Wednesday) if at all possible.  One place you can start looking for qualified counsel is our website, http://attorneypages.com

Usually, when an offer is "accepted with changes," it isn't a full acceptance, and there is no contract, only a counter-offer, which the person who made the original offer is free to reject.  Please don't jump to the conclusion that this is your situation, though, there is too much money at stake -- and you have too much else to be concerned about -- not to rely on a local attorney's opinion after seeing the actual paperwork in this case.


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