Burlington, NJ asked in Contracts and Real Estate Law for New Jersey

Q: Hello, its been two months. How do I get the seller to sign our request to cancel/void the real estate contract?

The seller failed to meet the request for repairs or reply within the inspection period. VA requires a specific timeframe to process before appraisal. The seller never replied or responded to any calls or emails. The closing date in our contract has since passed. The contract stipulates to complete inspection process within 3 days. My attorney sent out a letter to void the contract and turn over deposit to my attorney for not meeting the terms, not communicating intentions, or not formally asking for an extension. After a month of never hearing a word, they responded to the "void contract" . The agent and seller put the house back on the market but their attorney asked them not to sign and sent my attorney an email saying we're in breach. As of today, its been almost 3 months, the house is still actively back on market, and my agent hasn't heard a word, and I' haven't received a word, call or email from my attorney since the letter went out. What do I do now? I'm stuck in limbo.

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1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
Answered
  • Rockaway, NJ
  • Licensed in New Jersey

A: This is a very complex issue when both sides to a contract can not agree to the proper disbursement of the deposit paid. I would like to believe that the deposit is in the trust account of an attorney. It may well be that litigation will ensue to make a final determination Since the attorney that represented you during the contract negotiations might be a witness in an suit, you need to seek another attorney to represent you to resolve this matter.

1 user found this answer helpful

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