dodo807
12-26-2006, 04:29 PM
I signed a home contract and paid 10% deposit on April 2006 on a new construction house. We had the home inspected on September 2006 and found out a lot of problems on the house. Therefore, we wanted to back out the contract. Our attorney advised us to wait till the certificate of occupancy to come out to take farther action. Our attorney sent the home inspection report to the seller/seller’s attorney to repair the problems on September 2006. The certificate of occupancy came out on October 2006 and the contract stated that after 30 days after the COO, we need to do the closing. The seller’s attorney replied to us that all the problems were fixed and ask us to do the closing ASAP. We had another home inspection on November 2006, but nothing was fixed. Our attorney sent the seller’s attorney another letter asking them to fix the problems; he also postponed the closing. The seller’s attorney replied that everything is fixed and wanted us the do the closing immediately. We went to inspect the house again, but the problems were not fixed. Our attorney sent a letter to them asking for our deposit. Today, our attorney called us saying that he got a letter from the seller’s attorney.
The letter said "Please be advised that the seller was able, ready and willing to close title and in fact has tendered the Deed along with all supporting documents for the subject premises to your client on December 22, 2006 at my office. However, neither you nor the buyer appeared to accept the Deed to the above referenced property. Therefore, the Seller declares the Buyer in default of the contract and retain the down payment as such amount shall be deemed forfeited as liquidated damages in accord with the terms of the contract based upon the buyer’s substantial and material breach of the written agreement. As a result, the contract is now null and void."
I questioned my attorney why I wasn’t told the closing date on 12/22/06 and why I wasn’t informed on everything. He didn’t reply. He told me that the only solution to get my money back now is to go into a lawsuit. I don’t want to file a lawsuit.
Please help me. Is there any other solution except going on a lawsuit?
The letter said "Please be advised that the seller was able, ready and willing to close title and in fact has tendered the Deed along with all supporting documents for the subject premises to your client on December 22, 2006 at my office. However, neither you nor the buyer appeared to accept the Deed to the above referenced property. Therefore, the Seller declares the Buyer in default of the contract and retain the down payment as such amount shall be deemed forfeited as liquidated damages in accord with the terms of the contract based upon the buyer’s substantial and material breach of the written agreement. As a result, the contract is now null and void."
I questioned my attorney why I wasn’t told the closing date on 12/22/06 and why I wasn’t informed on everything. He didn’t reply. He told me that the only solution to get my money back now is to go into a lawsuit. I don’t want to file a lawsuit.
Please help me. Is there any other solution except going on a lawsuit?