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Question
Breaking a Purchase contract on a new home?
Long story short. I created a purchase contract for a house in which I was sold the lot based on a drawing that the rep had shown us where she had highlighted an incorrect representation of the private drive. This drawing however and how she sold it would have placed our house further down the lot. In reality the private drive was around 20 feet shorter than the drawing and our house was built closer to the end of the lot. Thus being at the end of a culdasac the lot to the left of it comes right through our front yard. The drawing was our selling point. (I have this and it is innacurate) We did however sign accurate drawings. My problem is; We were alowed to enter a contract under false pretenses. The lot was misrepresented, but I did sign correct lot lines not realizing they were different. I do have the original inacurate drawing and pics. "This lot was the selling point for us to build" I did not close and stated I wouldn't as soon as I realized the issue Do I have a case?
9 months ago - 5 answers
Best Answer
Chosen by Asker
You may have a case, mostly IF the drawings you received were made a part of the contract involved. Doing so would have obviously made the location a part of the contract. The 'drawings' you signed mean nothing if they do not also include the location of the house on the lot. If you only signed 'drawings' indicating construction specifications, you may well be out of luck. You can seek legal guidance, but I'm guessing you're not on very solid grounds here. Contrary to another response, no, you CANNOT back out of a contract for 'any reason' if you have not closed. No one can force you to the closing table, but if legal action is brought and you lose, you're going to pay, and perhaps pay dearly.
by acermill
9 months ago
Asker's Rating: 
Other Answers
yes you can back out of buying a house at anytime as long as you havent closed..you should be able to talk about getting any money back you have already put down...it should be in your contract
by bailie28- 9 months ago
It seems like you do as long as you can prove that the terms and conditions of sale were misrepresented. I would get a lawyer as soon as possible so that you are not forced to pay the down payment.
by Megsee25- 9 months ago
Asking that here is like asking your mechanic how to bake bread. You may get a great loaf; more likely, you'll have greasy fingerprints on it. You need to talk to someone who's an expert on the subject, and that's a real estate attorney in your area. You may get a reply from someone who says they're an attorney, and they may sound great. But not knowing where you're located, or how the local laws are written, their advice is worth zilch. So either spend the money to hire a lawyer, or spend the money to buy a lot you don't want.
by Ralfcoder- 9 months ago
You have a 3-day right to rescind on any contract you sign. So if it has not been 3 days yet, no problem. Here's my question to you: If I'm reading this right, the drawing being the selling point to you, it sounds like when you entered into the contract to purchase that you at that time had accurate drawings. So false pretenses? If the drawing was corrected and then you signed, where's the false pretense? Sounds like you may need to contact a real estate attorney. Do you have a realtor representing your interests? If so, ask that person. I hope this gave you food for thought.
by Roberta S- 9 months ago