Need to get out of the contract on the grounds of Pest Issues

Asked by pg, Warren, NJ Thu Aug 2, 2012

We made an offer on a house in NJ, which got accepted. Then we went for Inspection and found lot of issues here and thr some of them being - utility appliances never been serviced in 14 yrs, leakages here and thr etc. The biggest issue being that of Pest Infestation. We saw signs of rodent activity and droppings all over the place, rodents also ripped off insulation in the basement / crawlspaces. Now this was never disclosed in the Seller's Disclosure (point where it asks if Seller is aware of any Pest Issues). We went back to our attorney and requested her if we can cancel the contract based on 'misrepresentation' in the seller's disclosure. Now the Seller and their attorney is making it difficult for us to get out of the contract saying pest is a minor issue and they cannot accept cancellation of contract on that basis.
Is there a way our Attorney can get us out of this contract? Coz we really don't want to get into a house with pest issues with a new baby coming into the family...

Help the community by answering this question:

+ web reference
Web reference:


Santiago Ken…, Agent, Chicago, IL
Fri Mar 21, 2014
Your attorney is the best to advise you in this matter
0 votes
Michael Adams, Agent, Belle Mead, NJ
Wed Sep 26, 2012
Hopefully, your issue has been resolved by now. Your contract should have had a clause covering inspections issues. Your lawyer is best to guide you on this. However, especially with a new baby, I would also be very concerned about rodent activity. Take a look at the CDC report on the potential dangers:

Best of luck to you.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Thu Aug 2, 2012
Your attorney can best advise, therefore consider a consultation....don't simply rely on online information...
0 votes
Ron Thomas, Agent, Fresno, CA
Thu Aug 2, 2012
Did you have CONTINGENCIES for the Inspections?
This is done to give you an "OUT" in the event of something catastrophic.
Do you have Arbitration/Mediation?
Probably not, if you are working with Lawyers.

Good luck and may God bless
0 votes
We have a standard Home Inspection Contingency which states - If any structural defects or environmental contaminants are found, or if all the aforementioned systems are not in working order or are in need of major replacements or repairs, Seller will be given ten calendar days after receipt of report to notify the Buyer whether or not the Seller agrees at his own expense to correct the structural defect, remove the contaminants, put the systems in working order and make all needed major replacements or repairs, or the Buyer may cancel this Contract.

Also, can we not tell them that since it was not mentioned in Seller's Disclosure, it will be considered as misrepresentation and we would like to cancel contract on those grounds.
Flag Thu Aug 2, 2012
Search Advice
Ask our community a question

Email me when…

Learn more