Millerton, NY asked in Real Estate Law for New York

Q: closing was cancelled due to condition of house

now im getting a big bill for charges acrrued due to searches in regards to title transfer.tax ,title ,minicipal and judgement. i have lost everything and have become a single unemployed mother because of this real estate thing and can not pay any more for a house that i did not buy

Related Topics:
1 Lawyer Answer
Peter Klose
PREMIUM
Peter Klose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Nyack, NY
  • Licensed in New York

A: I am sorry your deal did not occur. Although it is difficult to tell from your post, it sounds as though you were the "buyer" of real property in New York. As your attorney likely told you, New York is a caveat emptor (buyer beware) state. That means, between you, your inspectors, your title company, your attorney, and your other "advisers" you MUST find out whether the house is marketable, safe, comes in the condition you expected, and has the correct municipal approvals. If it does not, and you are permitted to cancel the deal (either before contract, or after), then you must pay your advisers, inspectors, title companies, radon testers, etc. You hired them to do a job, you have an obligation (contractually) to pay for the expenses you incurred trying to find out about the condition of the house. Indeed, short of fraud by the Seller, you can't even sue the seller for your costs to inspect and purchase the house.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.