my wife and i had a contingent offer to purchase a home. we finally found a buyer for our home and accepted the offer. the buyer was going through FHA. i did not disclose the fact that there is a small cemetery plot in my front yard. this may be key information however i dont know for sure if that is a mandatory thing to disclose? i understood from my realtor that this information will be provided from the survey. ok, so now my wife and i have to be out of our house on a friday, the same day the new owner is to move in our home. so, we sign papers to take early possesion in order to move out for the new owner. after all is moved we go to closing on my house first, sign all papers and head to closing on the home we are buying. we get a phone call saying the buyer backed out because he claims he was not made aware of the fact that there is a cemetery plot on the survey. (this information was faxed to the attention of his attorney the day before closing ) now his realtor is asking me to pay his clients closing costs as well as refund the earnest money ?? what rights do i have ? how do i rid the cemetery plot with no headstones or anything from my property? who is ultimately at fault ? does he have a right to back out ?
thanks in advance
a very very dissapointed home seller |