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If I find that the house needs major repair after the closing, who is responsible?
It is the buyer's obligation to perform all due diligence with regard to inspections before closing of title and within the inspection period of time. If after the closing of title you discover defects it is highly unlikely that you will be able to sue the seller for compensation. You may have a cause of action against the inspector but this will depend upon the contract that you have with the inspector for the inspector's services. However, you will probably have very limited ability to sue the seller or the inspector.
If I can't meet a deadline for a mortgage approval does the seller have to give me more time?
If you have a mortgage contingency in your contract of sale, which means that the contract is contingent upon your approval for a mortgage, you have a deadline to obtain an unconditional mortgage. You can request an extension of time from the seller or their attorney if you cannot meet the deadline but they are not under any obligation to extend the deadline. This can vary depending on the language of your written contract of sale and your attorney review rider and any addendums to the contract.
What is title insurance and do I need it?
Title insurance is an insurance policy that protects you, as a homeowner, in the event that defects are discovered in a title that should have been cleared before you purchased the property. Title insurance covers any liens on the property, back taxes, back sewer bills if they are public, and any other judgments or liens that may be in place against the seller when you purchase the property. Anything that was missed during your title search is most likely covered by the title company. Lenders require title insurance to ensure that the property they are lending has a clean title free of encumbrances that could affect their ability to collect their monetary compensation.
Who is responsible for the inspection of the property?
The buyer is responsible for all due diligence in the contract including any and all inspections. It is at the buyer's sole responsibility to obtain a licensed inspector to inspect the property for any defects. In the event that defects are discovered the buyer may, depending upon the circumstances, request that the seller performs certain repairs or adjust the contract for the cost of the repairs, but the seller is not under any obligation to do so. In the event the buyer and the seller are unable to reach terms of repairs then either party may terminate the contract. Of course there are exceptions to every rule and your ability to terminate the contract will be determined based on the circumstances surrounding your home inspection, the language contained in your contract and the language contained in any attorney review rider or addendums.
What is the attorney review period?
The attorney review period is the period of time allowed to you by the law to review the contract of sale for a property with your attorney. During this time period you may terminate the contract with or without any reason and you would not have any obligation to the other party. The attorney review period begins when the signed contract is available to both parties. It lasts three days, unless the property is a new construction, then it is extended to seven days. The attorney review period can end before the allotted time or be extended based on when both parties agree to the final form of the contract and any riders or addendums made.
Am I under contract when i place an offer on a property?
If you put an offer on a property you are most likely making that offer by signing a contract with your offer terms. The contract will be reviewed and validated when the seller of the property agrees to and signs the conditions you’ve put forth. In the event the seller, makes any modification to the contract it becomes a counteroffer subject to your approval and acceptance to be validated. Once the seller and buyer agree to the terms of the contract and sign it, a three-day attorney review period begins. In this period you and your attorney are able to review the contract and make any modifications that you deem necessary to protect your interest. For new construction homes, the attorney review period is extended to seven days.
What can I do when a company commits consumer fraud?
If you’re a victim of consumer fraud, there are definitely many ways to get the compensation you deserve. You can file a complaint against the business, reach a settlement with them, or file a lawsuit against them.
How do I file a complaint for fraud?
You may want to speak to a lawyer to file a consumer fraud claim so they can assess your case and give you a personalized solution to your queries. They can also guide you through the entire process of filing a complaint.
How can a lawyer assist me with a consumer fraud claim?
A lawyer can assist you in filing your complaint and setting up a meeting with the representative of the business or individual whom you are filing a complaint against, in the event that both parties are willing to reach a settlement instead of going to court. If you do end up taking your case to court, a lawyer can file the lawsuit on your behalf and represent you in a court of law.
How do I report consumer fraud?
You can report consumer fraud to the proper authorities in your state. It may help you have a lawyer assist you in the process if you are unsure of what authorities to report to or how to file a consumer fraud claim.