QUESTION

can I cancel a contract without repercussion

Asked on Mar 31st, 2014 on Real Estate - Florida
More details to this question:
I have a signed contract to purchase, in Hillsborough county fl. Contact said close on or before 3/31/14. Survey is now not acceptable to my lender and they have contacted title co. for survey to be redone. I already wired closing funds to title company's bank. I have money in escrow for deposit on property. I paid upfront for inspection and appraisal. My realtor said she doesn't think we need an addendum to the contract unless this goes beyond ten days and we just have to wait now for the new survey which could take days. If I want out of this deal now, can I legally cancel this contract now since it did not close by 3/31/14 & the lender technically won't finance this based on the current survey, and get my money back?
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1 ANSWER

It’s possible.  Unfortunately, I simply can’t say without a review of the contract.  Generally, residential real estate contracts will have provisions that tell you exactly what your rights are in these situations – what you can do, when you can do it, and what course of action you can take.  Since the consequences can be pretty high (again, depending on the contract) for cancelling the deal when you shouldn’t, I’d say you’d be best served by consulting a real estate attorney to review your contract (and perhaps negotiate your exit if the contract allows it).  Keep in mind that even if a contract allows you to get out, there may also be certain things you have to do in order to fully protect yourself.  An attorney can review and let you know these steps and what you’re entitled to.  As just a final note, while your realtor is an excellent source of information, he or she is not an attorney… but, maybe just as important, they have an interest in the deal going through so they get the commission.  Best of luck.
Answered on Apr 01st, 2014 at 11:53 AM

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