Q: What rights does a homebuyer have when an offer/binder is accepted based on promises that the seller stated he would do?
Seller agreed to replace roof of home and roof of detached garage so buyer gave offer with binder. Now, before going to contract, seller’s realtor states the seller fixed house roof but won’t fix garage roof. Does buyer have any recourse besides walking away from the deal? Buyer does not want credit off selling price and seller has not offered that. Buyer likes/wants house after much house hunting.
A: New York does not recognize binders. There is no contract, so there is no deal. Any side can walk away.
Barry E. Janay agrees with this answer
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