Realtor Misrepresentation

What is the name of your state?What is the name of your state? New Jersey

I am currently under contract to buy a modular home that is still under construction. Within the last few weeks I found out a few things that the realtors did not disclose to me. First I was told that I was buying 5 +- irregular acres, when I checked with the township, I had 4.16 acres – shouldn’t that be 4 +- acres. Second, I was informed about wetlands on the property and that there was a 300 foot buffer zone, which I had no problem with – now I find out that there is also a “no disturbance” zone about 20 feet surrounding my house. I specifically stated that I wanted to build a detached garage and a fence and I was told that it would not be a problem by the realtor as long as it wasn’t in the wetland buffer zone. I checked with the township and he said I needed to bring in a copy of the survey, because it is possible that I might not be able to build my garage. Third the house plans we signed are completely opposite of the house we were delivered. And fourth the house was supposed to sit 110 feet from the street; it now sits 200 feet from the street giving us no backyard. Our real estate agent never returns our calls and now the contract is up on July 15 – if we don’t sign a new contract, will we get our deposit back from escrow? One problem, there was a contingence that since it was new construction there would be an automatic 30 day extension if there was inclement weather or delays in utility hookups. The weather has been fine and the builders have made no attempt to dig the septic system or well. The electric company ran the electrical wiring a week ago. If we fall under this loophole, can we still get out of the contract with a lawyers help do to the fact they lied to us about the property layout? Thanks! Bob

[HomeGuru]

Originally Posted by bob923

What is the name of your state?What is the name of your state? New Jersey

I am currently under contract to buy a modular home that is still under construction. Within the last few weeks I found out a few things that the realtors did not disclose to me. First I was told that I was buying 5 +- irregular acres, when I checked with the township, I had 4.16 acres – shouldn’t that be 4 +- acres.

**A: what do you mean you were told? Read your contract since whatever is in writing prevails.
********
Second, I was informed about wetlands on the property and that there was a 300 foot buffer zone, which I had no problem with – now I find out that there is also a “no disturbance” zone about 20 feet surrounding my house. I specifically stated that I wanted to build a detached garage and a fence and I was told that it would not be a problem by the realtor as long as it wasn’t in the wetland buffer zone. I checked with the township and he said I needed to bring in a copy of the survey, because it is possible that I might not be able to build my garage.

**A: so did you take a survey down like they asked you?
*********

Third the house plans we signed are completely opposite of the house we were delivered.

**A: again, what does your contract say?
***********
And fourth the house was supposed to sit 110 feet from the street; it now sits 200 feet from the street giving us no backyard.

**A: did you verify the approved building permit plot plan?
***********

Our real estate agent never returns our calls and now the contract is up on July 15 – if we don’t sign a new contract, will we get our deposit back from escrow?

**A: read your contract.
*********
One problem, there was a contingence that since it was new construction there would be an automatic 30 day extension if there was inclement weather or delays in utility hookups. The weather has been fine and the builders have made no attempt to dig the septic system or well. The electric company ran the electrical wiring a week ago. If we fall under this loophole, can we still get out of the contract with a lawyers help do to the fact they lied to us about the property layout? Thanks! Bob

**A: see above.

[JETX]

Summary to all of your 'issues'.....
Simply refuse to close on the transfer until such time as the FULL terms of the contract are met by the seller.

As to whether your money will be refunded, read the contract you signed as to the distribution of the earnest money.

[HomeGuru]

Writer, keep us posted.