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Is there any way to get out of a new construction contract with NV Homes?

by Wade Morris Dunwoody Realtor on May 5th, 2011

We are building a home with NV Homes that we are already $55,000 into. The contract indicates that if you default you lose the entire deposit plus are liable for any resulting court costs and attorney fees. But our present house is still on the market and we probably cannot afford this new home anyway. We would consider walking away from our earnest money if we knew we didn’t run the risk of going to court over this. Can anyone help?

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about the author Wade Morris
I’m part owner of Home Source Group of REMAX Greater Atlanta Realtors® specializing in Atlanta Homes in Brookhaven, Chamblee, Dunwoody, and Sandy Springs. Whether you are buying or selling your home we work with resale’s, first-time home buyers, companies relocating people to Atlanta, and most home sellers in northern part of the Greater Atlanta area.
Contact Me today
678-248-3500
wade@wademorris.net
4 Comments
  1. pathfinder permalink

    See a lawyer, who can read the fine prints of the contract.

  2. tomhale138 permalink

    if you cant sell the old one, try to sell the new one, you might be able to get some of your money back that way. I guess it depends on the NV homes, how peeved are they gonna be, but if you cant do it, well then you cant do it, declare bankruptcy that might void it.

  3. cjlintexas permalink

    dang wish I would be able to walk away from $55K and not worry about it.

  4. DJ B permalink

    Does you the financial page of the purchase agreement state that if you are not qualified to carry two mortgages, the purchase agreement becomes null and void or cancellable?
    Are you sure the monies you put down are Non refundable?
    Did you use a Realtor? If not, do you not have an Attorney?

    I strongly urge you to contact an “real estate attorney” today to know what your options are.

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