We have received a commitment letter (notice of terms). The terms in the letter must be satisfied by closing. If the terms are not met by the

Scottg
Home Buyer
12601

closing the mortgage loan process starts again. My question is; are we legally bound to close? Or can we opt out of buying the home anytime before closing? If we opt out can the seller sue?

Answers (3)
Robbie L. Vaughn...
Real Estate Pro
Suffolk County, NY

There is no way to opine on your current obligation without seeing your mtg. comm. and contract of sale.

However, it would not be wise for a buyer to "willfully" cause the bank to revoke their Mtg. Comm.

You should consult with your attorney. There may be other ways to get you out of your deal.

All the best,

Robbie L. Vaughn, Esq. (Robbie Vaughn)
http://www.Rlvaughnlaw.com
http://www.Bayviewestatesrealty.com

Disclaimer:
No Attorney-Client or Broker-Client relationship is formed until we have a signed agreement. This is not intended as legal advice. Please verify any and all information provided to you.

Sat Sep 19 2009, 18:28
Debbie Rose
Agent
Livingston, NJ

Hi Scottg

Please note that any legal questions should be answered by an attorney.

That being said, all mortgage commitments have terms attached. You cannot arbitrarily decide not to comply with the terms of your mortgage commitment. You may be considered in breach of your contract if you do not act in good faith and fulfill those terms.

Do you think it would be fair to the seller if you just decided to "opt out" at any time? In my opinion, yes, the sellers would be able to oursue you legally if you decide to act in that manner.

Best wishes
Debbie Rose
Prudential NJ Properties

Sat Sep 19 2009, 13:09
Jo-Ellen Ashby
Broker
New York
FIRST ANSWER

You would be in default and could lose your deposit monies, can further be sued for specific performance, huge legal fees, damages, etc. which would be much more than deposit monies. What is wrong w/the terms of the commitment that are bothering you?

Jo-Ellen Ashby
Broker
Weichert, Realtors

Sat Sep 19 2009, 13:08

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 190
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback