Legal Question in Real Estate Law in New Jersey

I am sending this question because I would like to know for what will I be sue in a breach of contract in a real state transaction, I live in NC, and I went to NJ to try to buy a home for my child for use it while going to NJ. When I arrived in a weekend, I was not aware of the taxes in NJ, so I was qualify in NC to buy the property of my choice however not taking in consideration the amount of taxes of NJ. The realstate agent put me the contract as a cash sale therefore was not subject to a loan and told me that nothing was final until it was gone to attorney review, I never understand that question I gave the earnest money and according to the contract I was to close by August 20, since there was an issue with the oil tank money was going to be put in escrow at the end of attorney review, I was never asked to give the deposit and the time passed I have to make another arragments for my child and finally I was told that the oil tank was going to be settle until November I told them I do not longer want anything and they are demanding that I close in October 15, or I will be sue for breach of contract. Since the time passed and I began to investigate and I was told now by the bank that I do not qualify to but that home because the taxes are too high, therefore I can not get a loan, but my contract is not subject to a loan, and in the bank the only way to give me the money is putting a second mortage in my home but I myself add the numbers and I know that I do not qualify because I won't be able to buy the home, and therefore I will eventually will lose my own house. In addition, a friend of mine lend me money to lower my payment in my own house, and I told him that I may get sue so he will now told me that he is going to put me a lien in my own house for the amount of money that he lend me as he has the checks and with that lien, definetly the bank that originally was going to lend me the money will no lend me the same amount of money to buy the house in NJ like cash. The contract to buy in NJ took so long that I lost the lock in the rate for the second mortage therefore I was told to apply again in the disclosures of apply again so I went to other bank I was told to tell who I owed money and that is when they told me I do not qualify to buy that home. Please tell me for what loses should I get sue, I live in NC and they live in NJ, what is a fair payment and what are my rights, that house was selling for $206000.00 and the bank told me that I only qualify for $90000.00 not taking in consideration the other money that I owe, that is becuase NJ are very high. And the bank did qualify me because it was going to be a second mortage in the home in NC, they never considered the NJ taxes


Asked on 10/06/09, 12:22 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

It is not possible to help in more than a general way without review of the actual contract that you signed. There are a number of facts that may help to get you out of the contract without having to pay anything or with only paying a nominal amount. If you would like me to review the contract, fax or email a copy to me.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/11/09, 9:54 am


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