Is the contract to purchase a new construction home still in force or is it a breach of contract on sellers part?

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Is the contract to purchase a new construction home still in force or is it a breach of contract on sellers part?

Made an offer on a home. Added a Stipulation Addendum. One item was for “low voltage under cabinet lighting.” Agreed to buy seller and myself. Was in home for home inspector, saw lighting installed was flourescent. Contacted real estate agent. She stated “It is my understanding that is the only type of lighting they (builder/seller) installs and to do other means they have to install a transformer.” On the addendum, there are no exceptions on the type of lighting they install. I close in a week, if they do not replace lights does this void the contract and free me from purchasing?

Asked on August 7, 2012 under Real Estate Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please take your contract to an attorney to review. It is very difficult to say that this is a material breach that would allow you to consider it void and walk away from the deal.  It seems more like an issue that you would set aside money in to escrow to correct if your state law permits.  Good luck.


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