Legal Question in Real Estate Law in New Jersey

I signed a new construction contract with Toll Brothers. However I had to give them a down payment of 10% of the sale price then 20% of an upgrades and selection. I gave them the 10% down and part of the 20% of the upgrades and selection and I had a delay on getting them the rest of the money. When I tried to give them the additional funds they told me that the contract is cancelled because I breach the contract and did not give them all of the money at the due date. They said that they have another buyer interested int he lot that we chose and we can contract with them for another lot. I tried offering them the balance of the money owed and they are refusing to take it because they want to sell the lot which is premium lot to another person because the prices has since gone up. THey said they will contract with me for a different lot and if not they will refund me my money and keep 5k for damages. I told them I want to continue with the contract but they are refusing and said they will only continue with a different lot. They want me to sign a release for the lot we are in contract before they can start the new contract for the new lot. But I am refusing to do so until the give me the new contract with the same set of prices and then we will sign both the release and the new contract. Can I force them to continue with the contract since it is new construction and they did not even start building yet and I am offering them the balance of the money

Asked on 6/19/13, 7:39 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

You clearly need a lawyer to help you with this. They are taking $5,000? really? just cause they want to?

Call me. I have no problem going after them if they are doing wrong to you. No charge for the consultation.

Robert Davies, Attorney

201 820 3460

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Answered on 6/19/13, 7:52 am

Larry Raiken Larry S Raiken LLC

did you have an attorney representing you. If not you made a big mistake. In order to properly answer your question I must see the contract. Please call my office immediately before any action is taken by Toll brothers.

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Answered on 6/19/13, 7:53 am

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