Other advice below appears good. However, though I fully understand your concern and thus your plans to stop payment on the check, that really could cause some problems. Make sure you're not opening yourself up to all sorts of problems by doing that.
This is one good reason why I became a buyer's agent.
When buying a home from the builder, the on-site agent usually represents the builder not you.
Without seeing the builder's contract, I really cannot advise you on this.
I would contact the agent asap if you want withdraw your offer.
I wish you the best.
In this market, the seller should be very content on having an offer, I think you may be in a better position to try and modify your offer to reflect the items that are of concern.
If you have made an offer which has not yet been accepted by the seller, and the "offer and acceptance" date on page 8 (assuming this is a FAR-9 contract) has passed, the contract is null and void. To be sure of this, write a letter or addendum expressing your desire to cancel the contract on those grounds.
Above all, consult a real estate lawyer, as none of us Realtors can officially interpret contract language, and I want to be clear here that this is NOT what I am doing. It sounds, on its face, like you are ok, though. A contract is not binding unless both parties have agreed to all terms by SIGNING and DELIVERING the signed contract. Until then, it is only an offer. That is my understanding of it as a Realtor. Contact your attorney.
Without seeing your contract, it would be very hard to give you exact advice. Was this a builder contract? Typically, until you have a fully executed contract signed by all parties, you should be able to revoke your offer without any penalty. Are you being represented by your own realtor? If so, this is a question for your realtor. If not, you might need to seek expert legal advice. Best of luck to you.
Coldwell Banker Residential Real Estate
Here in NJ a contract is not binding until both parties sign and you clear attorney review. I think you should be ok, but for sure talk to your agent, if you have one, and also consult an attorney - most especially if you have money on the line.
Good luck to you!
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