Legal Question in Real Estate Law in New York

Buying a house in NY state. I am retired/disabled Navy (28 yrs) Work at VA as counselor. VA approved mortgage and set closing date for 6/24/2013 Last thursday they notified me that because I only worked 11 months I had to wait another month before they could approve the mortgage for closing. I am on probation and may not even be made permanent after my probation. The seller is upset and will rent house for the month but wants $3200 up front and I have no guarantee VA will approve mortgage at end of 12 months. Is this sale cancelled because of no financing or can I ask to cancel because of no financing? Also, will my earnest money be refunded?

Asked on 6/29/13, 11:22 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Read your contract. Was it contingent on obtaining financing?

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Answered on 6/29/13, 11:25 am

Arnold Nager Arnold H. Nager, Esquire

Need to see contract I order to answer,

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Answered on 6/29/13, 2:12 pm

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