Real Estate Contracts Attorney in Clifton, New Jersey

When can a buyer cancel a real estate contract in New Jersey?

More In This Category

View Transcript

majority of real estate contracts have
something called contingencies the basic
contingencies are your inspection
contingency meaning you need to make
sure that the property is
habitable the second part is your
mortgage contingency unless you’re
buying the property cash meaning that
the entire purchase is contingent upon
the buyer obtaining a mortgage your
appraisal contingency meaning the bank
needs to make sure that the house is
worth what you’re paying for it the last
contingency is the title contingency in
order for the buyer to properly
terminate the contract of sale they need
to terminate under one of those
contingencies the buyer cannot go under
the contract and then decide they no
longer want the home if they don’t like
the results of the inspection and all of
the requests are within the scope of the
inspection contingency they can properly
cancel the contract if they fail to
obtain a mortgage commitment typically
it’s 30 days after the conclusion of
returning review
they can terminate the contract if the
home does not meet the contract price
due to a low appraisal and the seller
refuses to negotiate the buyer can
terminate the contract of sale
and if title to the property is not
clear meaning if there are any liens
judgments or encumbrances against the
property and the seller refuses to cure
those issues then the buyer can
terminate under the title contingency so
those are typically the four main ways a
buyer can terminate the contract itself
properly contracts of sales are strictly
enforced in the state of New Jersey and
I always make my clients understand that
factor

Clifton, NJ real estate attorney Peter G. Aziz explains when a buyer can cancel a real estate contract in New Jersey. He explains that the majority of real estate contracts include contingencies, which are conditions that must be met for the contract to proceed. The primary contingencies are the inspection contingency, which ensures the property is habitable; the mortgage contingency, which applies unless the buyer is paying all cash and depends on securing financing; the appraisal contingency, which requires the bank to confirm the home’s value matches the purchase price; and the title contingency, which ensures the property is free of liens, judgments, or other encumbrances. He emphasizes that a buyer can only properly terminate a contract under one of these contingencies. For example, if an inspection reveals issues within its scope, the buyer can cancel; if a mortgage commitment isn’t obtained within the allotted time, usually 30 days, termination is permitted; if the home appraises for less than the contract price and the seller refuses to negotiate, the buyer can terminate; and if title issues aren’t resolved, cancellation under the title contingency is allowed. He stresses to his clients that contracts of sale are strictly enforced in New Jersey, making it essential to understand and follow these contingencies carefully.

More Videos From This Lawyer