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i signed agreement of sale for a purchase of a home in ...
Sent to Legal Experts October 20 09:59 PM

i signed agreement of sale for a purchase of a home in lancaster,pa... builder is finishing the basement as we speak as part of the agreement...Settlement is scheduled for friday. I put $5k down so far.. Is it still possible to get out of the deal if there is another home i am interested in?

 

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lancaster, Pennsylvania

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October 20 10:05 PM (6 minutes and 24 seconds later)
         
REPLIEDCheck Mark
How long has it been since you signed the contract? You have 3 days to back out of any contract without penalty; this is called a "cooling off" period.


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October 20 10:07 PM (1 minute and 37 seconds later)
         
Reply to truthfinder's Post: it has been 12 days,,,
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October 20 10:16 PM (9 minutes and 11 seconds later)
         
REPLIEDCheck Mark
In that case if you were to back out of the contract you could be charged with Breach of Contract and face a substantial financial judgment against you and possible lien on the home as well as garnishment should you not pay. Unfortunately the law only allows you 3 days from the time you sign a contract to back out.


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October 20 10:23 PM (7 minutes later)
         
Reply to truthfinder's Post: Thank you..Final question. What if i were not too get approved or are there any "outs" or circumstances that may prevent the sale from going through. I am not worried about the 5k and will go through with the sale if i would be in breach...It is a $500,000 home and want to make sure of everything... thanks. i will accept after your response
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October 20 10:40 PM (17 minutes and 16 seconds later)
         
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October 20 10:45 PM (4 minutes and 40 seconds later)
         
sorry, settlement is next friday... i havent taken possession yet(no keys, not my house yet)....but feel a little obligated because the builder is finishing the basement as part of the deal....before closing....i assume closing and settlement are synonomous? hope this helps....
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October 20 11:00 PM (14 minutes and 33 seconds later)
         
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October 20 11:07 PM (7 minutes and 44 seconds later)
         
it says "standard agreement for the sale of real estate",,,, 18 pages worth of my signatures and initials..(also signed by the builder)....signed 10/08.... also a good faith estimate dated 10/11... i am sure to be signing many more pages at settlement next friday...
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October 20 11:16 PM (8 minutes and 13 seconds later)
         
ACCEPTEDCheck Mark

Ok, I believe in your case that the best way to handle this is to contact the builder immediately if you are uncomfortable with this agreement. Notify him that you wish to him to cease finishing the basement as you have had second thoughts and no longer wish to purchase the home. This is a "good faith" move on your part to stop him from wasting anymore time and money on the home. You could offer to allow him to keep a said portion of the payment already made in exchange for disregarding the previous agreement and not going to closing on the home. Since you have not signed the closing papers nor taken possession of the home you will not be in breach of contract on the sale of the home itself but may have a possible breach of this agreement which would only be good up to the amount you paid or the amount he has spent on labor & materials to finish the basement (or the portion of work he has completed thus far). Should he decide to take legal action he would only be able to collect for the work that was done from the time the agreement was signed until the date you requested that he cease all work. This is a very big decision and one that should not be entered into if you have ANY hesitation about. Contact the builder immediately and discuss your options with him of what he would settle for to allow you out of the agreement. Good luck!




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