i have a lease /purchase agreement under what circumstances would be grounds to void contract & get refund?

Question

during athe past few months I have found that the lessors have misrepresented the house, roof damage, termite damage, etc.

Answer 1

I am not sure what state you are in and laws can vary from state to state. This is not meant to substitute as legal advice and you are encouraged to contact a lawyer in your state for a more complete answer.

Without seeing your lease/purchase agreement, it is impossible for any of us to say whether you have any shot at voiding the contract. The issue turns on what rights you have under the contract which depends upon your status.

I suspect at this time you are under a lease agreement for a period of time. Under the lease agreement your state may have minimal standards of habitability. So if the roof leaks and you have infestations you may have a right to complain to your landlord about the conditions of the premises and demand repairs while you are still under the lease agreement. Then after you have had them get ride of vermin/infestation of bugs, termites and leaking roof, then you are in a better position to decide if you want to purchase the house afterall. Perhaps you will be able to enforce enough of your rights as a tenant in terms of repairs to make it worthwhile to actually purchase the property when your lease terms expire and your right to purchase accrues.

Also note, that many lease agreements have a statement that when you took possession of the property, you agreed that it was in good condition. Which may or may not be valid depending of the defects were latent (hidden) or patent (plainly visable). The kind of problems you are describing seem latent and therefore not discoverable before taking possession of the premises. So it would seem that they could not enforce such a provision against you.

Hope that helps.

Answer 2

It depends on what state you are in ? You need proof of damages, etc. You can always file in small claims. I know in Oregon it just costs 1 dollar for the paper work???? I would check with the state. Also I would advise the lessor you are not happy and you may go to small claims and most of the time if you do have a case they will let you out of the contract. Good luck!

Answer 3

What your looking for is "fraud in the inducement." First check the agreement to see what acceptable means there are to terminate. If none, claim fraud, but be prepared to support the allegation.

You also need to record whether they actively misrepresented, and whether you were given an opportunity to have the house inspected.

Answer 4

I would definitely contact a lawyer in your area - one who specializes in real estate law. It certainly sounds like you could get the contract voided, but I'm no expert.

Answer 5

you need to be able to prove it. then you can get your $ back.....use a camcorder. etc....probably will need a lawyer though if he fights it. but you could make him pay for that if judge decides in your favor.