Q: Sellers did not disclose an upcoming construction next door - even though they received an official notice from the city
Sellers did not disclose an upcoming construction next door - even though they received an official notice from the city planning department. We as buyers and sellers have signed the purchase contract; but we have NOT put down the deposit money yet (it's been 2 business days since signatures). Now we want to cancel this contract because we believe the sellers are in breach of contract for failing to disclose this material information. What should we do next? Do we have a strong case?
A: It doesn't sound like you have much of a case. You could be in breach if you back out. The devil is in the details and you have to review all disclosures to determine whether it was something that had to be disclosed or not. Generally, only issues with the property you are purchasing have to be disclosed, not a neighboring property.
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