Legal Question in Construction Law in Virginia

Return of Earnest Money:

I signed a contract to purchase a townhome in VA in late August. A new Contract signed mid September to try to sell a closer building first. The sales agent indicated this would get me into a home faster than waiting for the second building to be built. My most recent contract states that targeted completion is Nov/Dec now they are saying February and not even sure if that is true. Apparently they will not begin construction until 3 of the 4 connected townhomes are "sold" and I only know I have a contract; sales agent is not sure if the second one is under contract and there is no way of knowing when, or if, there will be a third. Secondly, builders lender has not informed me within 30 days if my mortgage application has been approved or denied since our last communication. Is there anyway for me to get out of this contract and get my earnest money returned?


Asked on 10/22/09, 1:04 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Make your written demand for release from this ambiguous and unsettling contractual situation for all the reasons you've mentioned and for the return of your earnest money as well and see what happens.

After all, as Clem Kadiddlehopper was known to opine: "Them that don't ask (usually) don't get."

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Answered on 10/27/09, 1:38 pm


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