we bought a house and in the contract it stated the owner was to remove the underground oil tank and replace it with an above the ground one.... the old man now says hes backing out of the deal...weve paid for home inspections, lawyer, all the other missalanious things.... can he legally not sell the house after hes signed a contract.... we live in nj
2006-12-13 14:09:13 · 8 answers · asked by radkliff6902 1 in Politics & Government ➔ Law & Ethics
It's VERY unlikely that he can. I won't say it's impossible, but it's extremely unlikely. One condition that he CAN back out with is a "mutual mistake", but he'd have to prove that both you AND he made a mistake. Your only choice, if you wish to enforce the contract, is to get a lawyer and file a civil action against him.
2006-12-13 14:19:20 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
If the contract was properly signed, then the seller, having reneged, is liable for damages. There is a possibility of specific performance: you get the property, plus the funds necessary to complete the works contracted for. But it all depends on the contract -- whether it was properly written and executed.
You really need the assistance of a real estate lawyer experienced in litigation.
2006-12-13 14:25:06 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Depending on the exact contract (was it a preliminary agreement, firm sale promise, the actual sale?) he may be able or not. If the definitive act of sale was signed, then the house is legally yours, and you may look for additional legal solutions to enter possession if he's kept it.
In any case, his backing out opens him to a legal suit for refund of all monies paid by you for whatever you did not get, plus suitable damages. His reneging on the tank agreement similarly can be sued for the necessary money to pay for the change, plus punitive damages.
2006-12-13 17:08:04 · answer #3 · answered by Svartalf 6 · 0⤊ 0⤋
No if the contract is signed he is stuck. You can get an attorney and sue him for this. But I am sure once his attorney talks to him or his Realtor he will see he doesn't have much of a choice.
If he backs out he will have to give back all the money you have paid out. Or you will have legal resources to sue him for court costs, all legal costs and money that you have spent on this house.
2006-12-13 14:13:08 · answer #4 · answered by Issym 5 · 0⤊ 0⤋
What did your Attorney say? The Attorney is going to be your best source for this question. If you are looking for some general research on the issue, try the link below. The second link is a service that gets you access to your Legal Rights, watch the online movie presentation, this might be helpful as well.
I wish you the best.
2006-12-13 14:18:10 · answer #5 · answered by Anonymous · 0⤊ 1⤋
regularly before you visit final the customer has the right to ask for issues to be "corrected" contained in the abode, in the different case they could be able to barter a replace contained in the sale cost to regulate for the fee any alterations or upkeep, or lower back out of the deal altogether. on your challenge you does no longer have that decision because you signed a freelance that stipulates the abode to be offered "as is", which ability you're stuck with it!
2016-11-26 02:00:37 · answer #6 · answered by schwan 4 · 0⤊ 0⤋
If you haven't actually completed the property transfer he can back out, but he is liable for damages; you will probably have to sue him to recover those.
If the transfer had been completed, he could not back out of the sale, but he could renege on the agreement regarding the tank; in which case again you would have to sue to enforce the terms of the sale.
2006-12-13 14:13:10 · answer #7 · answered by Anonymous · 2⤊ 0⤋
What does it say in your contract? That should be covered, too. Legally, he can back out, but he will have to reimburse you for money you put out in good faith as a result of his accepting your offer.
2006-12-13 14:12:10 · answer #8 · answered by normobrian 6 · 0⤊ 0⤋