If the seller accepts my offer, and then I back out of the deal, do I lose my deposit of $1,000 that was

Robert
Home Buyer
Westwood, NJ

submitted with my offer? Also, if I find out work needs to be done on the house and the seller refuses to do it or compensate me for it, can I also then back out and get the $1,000 back, or do I lose my deposit?

Answers (3)
John Sacktig
Broker
East Brunswick, NJ

1) If you make an offer and it is accepted, you have during the attorney review period to back out.

After that you are considered under contract, and no, you can not just back out without the seller being able to go after your deposit.

2) Inspections, - most contracts have the inspection clause, that if there are defects in the home and the homeowner will NOT address them, you can get out of it with your deposit. If the homeowner agrees to fix the issues and you still back out, the seller can go after your deposit.

As I understand it, you do not automatically lose the deposit like in some other states. I am pretty certain the opther party has to request it and if you do not release it, they can sue for it. Since they lost valuable marketing time on thier property you may be liable.

THis is as I understand it, but I am ot a lawyer... so check the facts with a local real estate attorney.

Sat Mar 15 2008, 14:52
Barbara Ostroth
Agent
07666

No you do not. When the deal is declared null and void by both parties, as long as all contingencies have not been satisfied (inspection and final mortgage approval), you get all your money back. The lawyer may charge you for time spent, but that depends how far into the deal you have gone. You are protected, ask your attorney.

Sat Mar 15 2008, 09:40
Sharon Kozinn
Agent
Bergen County, NJ
FIRST ANSWER

Robert,
These are all questions you need to talk to your lawyer about. It depends on where you are in the contract process, etc. A lawyer will be able to advise you of the proper route to take.
Good luck.
Sharon Kozinn

Sat Mar 15 2008, 09:06

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