Buyer Looking to Back Out

Buyer Looking to Back Out

NJ · Member since 2016 · 14 posts · 0 votes

I'm a first time home buyer (in NJ), and shortly after attorney's review I had buyer's remorse. I made a poor decision and rushed to put in an offer due to pressure from my agent. I met with a bank's mortgage specialist and realized that financially the deal does not make sense for me. I want to back out of the contract, but the seller is not willing to let me.

My attorney has suggested I proceed with a home inspection, in hope that gives me an out. I'm not confident this will provide an out because the house is a flip and has been re-done. If I breach the contract I can be sued for broker costs (which at that cost I might as well complete the deal)

I am considering writing a letter to the seller, explaining it was an honest mistake and that I'm willing to concede the deposit at the least. Is this a good idea or could potentially cause legal problems? Do I have any outs aside from hoping something comes up in the home inspection? Any words of advice would be greatly appreciated.

0Reply
115 views

Most Popular Reply

Kenneth GarrettPro Member
Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
9y

Greg,

I feel for your situation.  I have been an inspector for many years.  I can find things wrong on any house or building from the best qualified contractors.  If you have the inspection contingency it is there for your protection.  The inspector is your inspector and he/she works for you.  Explain what your situation is and I'm sure they can help you if necessary.  Do not ask anyone to do anything unethical but finding things on an inspection is fairly simple. 

Good Luck!

See this reply in the discussion

33 Replies

Jump to latestLatest
  • NJ · Member since 2016 · 14 posts · 0 votes
    9y

    @Shannon K. That is what I am hoping to do right now. The mortgage payment as a percentage of my income seems unreasonably high. It it close to 50% of net income, and 35% of gross income. I just confirmed with my attorney that a lender reject letter may terminate the contract, but I will have to proof I acted in good faith trying to get a mortgage. 

    The fact that the attorney never mentioned the financial contingency is a potential to terminate the contract until I asked is of concern.

    My realtor is not confident the inspection will allow me to terminate the contract unless something major comes up.

    I'm starting to lose confidence. I'm not sure if my realtor or attorney have my best interests in mind. Fortunately, I found an inspector on my own and did not use another referral. Feeling pretty helpless right now.

  • Buffalo, NY · Member since 2015 · 252 posts · 109 votes
    9y

    @Greg D., as with anything in life, real estate is a risk... a calculated one, hopefully, but still a risk. What you've learned so far is not to make buying decisions based on emotion; to find competent agents and attorneys whom you are comfortable with that can explain properly and not pressure you; and to learn more about contracts and contingencies before you sign that contract. 

    Everyone seems to share some culpability on this deal going south, but ultimately the responsibility lies with you for a bit of ill-preparation rushing into the deal. I hope you are able to correct this and proceed with something that suits you better.

  • NJ · Member since 2016 · 14 posts · 0 votes
    9y

    Situation update.

    Thanks to the community I asked my attorney about the financial contingency. You guys have all been a great help and of tremendous value.

    His response "With regard to your mortgage, although a rejection letter from a lender would result in a failure of the financing contingency which would allow you to terminate the transaction, I must caution you that there must have been a good faith effort to obtain the mortgage financing. Given that the Sellers are aware of your desire to terminate this transaction, I would assume that they would seek confirmation of the efforts that you have made."

    The mortgage lender who pre-qualified me during my offer stage of the process, has agreed that the mortgage payments are too high of a percentage of my gross income. He stated he would prefer I be something in a lower range."I have requested the letter upon our phone call today. I will get it to you when the underwriter sends It to me."

    A couple of questions....

    Should I schedule a home inspection for Saturday (the period runs out Monday) despite the fact I will have been rejected by my lender?

    Do I need to go to another bank to look for a mortgage to show good faith? As per my credit report, "too many inquiries in last 12 month" has negatively effected my credit score. I assume that applying for mortgages will only result in a lower credit score and either more reject letters or other unfavorable mortgage options.

  • Atlanta, GA · Member since 2016 · 74 posts · 41 votes
    9y
    I am shocked there is no due diligence period. If you still have not inspected arent you in the due diligence period where you can back out for any reason?
  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    New Jersey realtor contract inspection clauses are not a "get out of jail free card" like ours are, where you can walk away for no reason......you have to find structural/environmental issues that the seller is not willing to repair.

  • NJ · Member since 2016 · 14 posts · 0 votes
    9y

    @Wayne Brooks Thanks for being helpful. Any thoughts on my questions above?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    9y

    @Greg D. I sent you an email back.  First, I'd address the flood zone issue....if that's clear, then you're done.  Otherwise I'd go with the financing denial route....talk with your agent and lender, the lender is usually helpful.  If the agent has put in a good bit of work, perhaps offer them/their broker, some compensation.  I did the same for agent who showed us around years ago, then I ended up buying at the foreclosure auction.

  • Investor · Fort Walton Beach, FL · Member since 2015 · 568 posts · 966 votes
    9y

    @Greg D. As a rehabber myself, If a buyer let me know that they don't want to go through the purchase, especially so early in the process, (sound like you're in the 15 day inspection period) I will cancel the contract no questions asked. I mean, if they know now they don't want to buy it, they probably won't buy it no matter what happens. We'll have gone on 45 days and they still won't close. That's 45 days of holding costs gone and then I have to find another buyer again! 

    Try contacting the seller directly. I am almost 100% sure they will let you cancel

Join the conversationCreate a free account to reply, vote on answers and follow this thread.