A week before we were to close, our real estate agent tells us that we need to purchase flood insurance and our lender requires it. When we signed the documents for the loan, it was never indicated to us that we needed this. The house is on a high risk flooding zone. We dont want to take that risk. Can we cancel the contract?
Eva
The advice you are being given to contact an attorney is correct.
I am a realtor and attorney licensed in the state of Texas. I would be glad to help you find a real estate attorney or discuss the matter with you without charge.
Don C. Reser
210 473-0999
don@reserlaw.com
Real estate agents cannot give legal advice, contact an attorney.
As a home buyer who has done this, the answer is yes. If you change your mind you can walk away any time you want before you sign at closing.
You seem to have cause, so you should not lose your earnest money. You might even be able tio take action against your agent depending upon the circumstances.
Everyone really needs an attorney retained when buying property IMO. And it needs to be a tough one. That's your best protection against errors & omissions and realtors. I have been shown countless contractural errors by my attorney that were actionable. They usually just don't matter though as long as the buyer is happy with the deal.
You'll need to check with your agent or family attorney. It is possible, but can depend on many factors of what was disclosed and what you signed.
Eva,
It is most unfortunate when things like these happen. Our recommendation is to review all of your documents relative to the home being located within a "flood zone." As previously mentioned it should be found in the "sellers disclosure" statement.
If it is noted as being located in a "flood zone" in this document and you signed it, this could be considered being informed of the matter.
You may want to consider confering with an attorney on this issue before taking a solid position.
It is difficult to render a professional opinion for fact that contract governs when a buyer/seller can back out of contract. Speak with buyers agent, AND title company who enfores the terms and conditions sales purchase contract. If you not you could lose your earnest/option money paid.
Have you received the seller's disclosure? there is a paragraph on there that the seller has to fill in disclosing if they are aware that the property is in a flood zone.
Second document would be the survey. Was your contract contingent on a survey acceptable to you?
Seems like your agent should have all the answers for you.
Naima
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