West Virginia Release of Purchase Contract - Residential

State:
Multi-State
Control #:
US-01732-AZ
Format:
Word; 
Rich Text
Instant download

Description

This form is a Release of a Purchase Contract for Real Estate. The form must include the name of the seller, the name of the purchaser, and a legal descripton of the property.
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FAQ

Buying a home is a serious commitment and shouldn't be taken lightly. If you do need to back out an accepted offer, be upfront with the seller as soon as you've made your decision. Work closely with your real estate agent, who can help you communicate to the seller (in writing) why you want to back out.

Buyer Beware (§30-40-19) The state of West Virginia falls under the category of a Caveat Emptor which effectively translates to let the buyer beware. The term refers to the protection granted to the seller of the property after a transaction has taken place and the property has changed hands.

There is a legal doctrine called caveat emptorwhich is latin for let the buyer beware. Under this theory, it is the buyer's obligation to reasonably inspect a good she is purchasing.

West Virginia Death DisclosureWest Virginia does not have a law requiring disclosure of death on a property. The state does not consider death to be a material fact requiring disclosure.

If you're backing out of an offer without a contingency, you risk losing your earnest money. Since you put that money down based on the promise you'll follow through with the contract, backing out for any reason that's not outlined in the agreement means the seller is legally permitted to keep your money.

In Virginia, a seller can get out of a real estate contract if the buyer's contingencies are not metthese include financial, appraisal, inspection, insurance, or home sale contingencies agreed to in the contract. Sellers might have additional exit opportunities with unique situations also such as an estate sale.

The concept of 'buyer beware' tells the potential purchaser that if it seeks greater protection than its own investigations, inspections and inquiries provide, it should seek appropriate warranties from the vendor or, if that cannot be bargained, to seek out an insurer to cover anticipated future risks.

Although federal law requires some basic disclosures across the U.S., Virginia law does not require sellers to disclose much information about their property at all.

In short: Yes, buyers can typically back out of buying a house before closing. However, once both parties have signed the purchase agreement, backing out becomes more complex, particularly if your goal is to avoid losing your earnest money deposit.

Despite having a home purchase agreement, earnest money, and contingencies in place, both buyers and sellers can back out of purchasing or selling a home.

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West Virginia Release of Purchase Contract - Residential