If the realtors lied about the manner of death on a property, is purchase contract valid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the realtors lied about the manner of death on a property, is purchase contract valid?
A death on property was disclosed, however the agents told me it was natural causes. I trusted them and also convinced me it was best to sign non-contingent offer. They said that it was my only chance at getting offer accepted buyer/seller agent working out of same office, same broker. Later I called county records and they said it was an illegal drug overdose. Some of the neighbors also told me the man was a drug addict and this may have even been suicide. The realtor and sellers are threatening to take my deposit but I refuse to put my children in this home knowing this. Are these county records and possible neighbor statements enough to void this contract? The Seller is threatening my entire 3 deposit.
Asked on August 6, 2019 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It is highly unlikely that you could legally void or terminate the contract on this basis and get your deposit back. Only a material, or important, lie, for example, will be considered fraud and void an agreement. A material lie is one that goes to the purpose of the agreement: buying a habitable home. The cause or manner of that person's death is completely irrelevant to the health, safety, use, etc. of the home: whether natural causes or OD, it does not affect your ability to live there. It would therefore almost certainly be considered irrelevant or immaterial, and so not allow you to get out of tbe 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 AttorneyPages.com 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.