What to do if I’m suppossed to close on a house next week but my inspector informed me that the roof was in marginal/poor condition and there was a big moisture stain on a wall?

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What to do if I’m suppossed to close on a house next week but my inspector informed me that the roof was in marginal/poor condition and there was a big moisture stain on a wall?

I put in a new offer with the seller because of this new information, but she did not accept and will not break the contract. She has already put in an offer with a different house and is asking me to pay $1000 to her in order for us to break the contract.

Asked on January 8, 2013 under Real Estate Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am assuming you signed this contract with out an attorney, correct?  It is now time to consult one because the terms of the contract will govern how you are to proceed.  Many times contracts have provisions that state they are "subject to" certain things that would be found as "material" in an inspection.  The roof is definitely one of those things in New York but how it is written and your state law matter here.  So go and speak with a lawyer.  Good luck.


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