When A Seller Backs Out?

[britthood08]

What is the name of your state? Maine

I am in dyer straights here. Really would appreciate any advice anyone can offer. We signed a purchse and sale agreement at the beginning of may with intentions of a quick close to keep costs down. We would close at the end of May. We did a home and septic inspection, water test, apprasial, put down an earnest deposit of $500. Everything went fine.
(background) We have two horses that we currently board, the property had a 3 stall barn, we were ecstatic about being able to move them and not have to pay the board anymore so gave our 30 day notice where we board.
when the survey came back two weeks before we were going to close, we found out the barn is 3 inches on the neighbors property line. the seller "says" she got a building permit but has not produced it to anyone. she refuses to have it moved, taken down/ put back up, or anything else for that matter. she said she would give a 2000 dollar allowance towards whatever we wanted to do, but the estimates on either resolution were at least 8000 dollars. Also the town requires there be a 25 foot setback which she ignored when building the barn so it would have to be moved about 28 feet and that would change the entire layout of the property. Then she told us she was taking the house off the market and going to sell the barn alone, then put the house back up for sale without the barn. The seller is refusing to give back any of our money we have invested thus far which is about 2000 dollars. not to mention the fact that my horses are in desperate need of a home thanks to her we are going to have to pay outrageous fees to get them in somewhere on such short notice. Can she do this? I cannot believe this is legal?! Shouldnt she have known all of this before building the barn to begin with? I thought I had heard the term due diligence referred to?
Anyhow, I would really appreciate any help with my ridiculous situation anyone can offer. I do not want the house, I just want to get my money back and get far away from this crazy lady!

thanksWhat is the name of your state?What is the name of your state?

Ok, well first thing is first..

This is a very sticky situation. I am speaking for New Jersey real estate law and TECHNICALLY they can get out of this contract, providing this..

In your contract, it should state how much money the seller is willing to provide in necessary repairs for a home inspection and a CO(Certificate of Occupancy) Inspection.

Usually it will say 500$, 1500$, $5000, or any and all

Meaning, the seller is willing to do all necessary repairs to the property given all structures included.

If the contract states that the seller is only willing to provide a certain DOLLAR AMOUNT for repairs, and the repairs exceed that particular dollar amount.. Then the seller can say she does not want to pay for it, although she is still liable for that dollar amount. At the same time, if YOU say that you do not want to pay for it, the contracts will VOID.

Either way, you will be able to get your earnest money back.


That is the only way I can see them cleanly getting out of the contract, otherwise..

Although, if that ANY AND ALL for repairs is filled in your contract, then you can Sue Away!

You should be able to sue them for any type of damages you feel necessary to recoup your funds lost throughout the process.

Please note though, all states usually follow the same basic guidelines for real estate law, but I am speaking solely for New Jersey Law in hopes that your state is somewhat similiar.

Hope this helps,
Ryan

[FlyingRon]

New Jersey law has squat to do with the original poster's issues in Maine. New Jersey is one of the few areas of the country that even has CO inspection issues on residential turnovers.

Originally Posted by RealtorRyan

Please note though, all states usually follow the same basic guidelines for real estate law, but I am speaking solely for New Jersey Law in hopes that your state is somewhat similiar.

Hope this helps,
Ryan

There you go pal, I put it in bold for you, happy?