Home Buying in 08527>Question Details

dwl6110, Home Buyer in Jackson, NJ

I put in an offer on a house in Jackson which was excepted to later find out there a drainage easement which runs digonally throuhg the yard. HELP

Asked by dwl6110, Jackson, NJ Thu May 30, 2013

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8
It depends on where you are in the process, your Attorney should be able to determine whether it was disclosed in any way up to this point. If you were given a property Disclosure or survey it should have been indicated.
It is always a good idea if there is nothing provided, to early on research the property yourself, either by physically walking all of it or at least using Google sattelite to see what is on the property or around it.
0 votes Thank Flag Link Mon Jun 24, 2013
How can we help? If you can't live with the easement you should be able to get out of the contract. Surely your Realtor can help...right?
0 votes Thank Flag Link Thu May 30, 2013
That should have been disclosed in the sellers disclosure.
If there was no disclosure, it can probably be addressed as an inspection item.
You need to discuss it with your attorney. If you are out of attorney review, you might still be able to get out of the deal. If you are still in attorney review, no problem getting out.
Web Reference: http://www.dianeglander.com
0 votes Thank Flag Link Thu May 30, 2013
That's the reason for having an Inspection Contingency:
You do have it, right?
0 votes Thank Flag Link Thu May 30, 2013
.Speak to your attorney, and review the seller's disclosure
0 votes Thank Flag Link Thu May 30, 2013
Are you out of attorney review? If so, your attorney will assist you in evaluating your options, including terminating the contract.

If you are not out of attorney review, and the seller has signed, you will need an attorney to x the contract, or delay it from being finalized. That is very easy to accomplish, but you must act quickly.

If the seller has not signed, you can retract the offer through your REALTOR and further investigate the easement before moving forward.

Good Luck.
0 votes Thank Flag Link Thu May 30, 2013
Deborah Madey, Real Estate Pro in Red Bank, NJ
MVP'08
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If it is still just an offer, retract it. If it went to contract and that Material Fact was not disclosed, then terminate the contract. Your Realtor knows how to do all this. If you are going it alone - GOOD LUCK.
0 votes Thank Flag Link Thu May 30, 2013
Check with your Realtor for your options.
0 votes Thank Flag Link Thu May 30, 2013
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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