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  • Writer's pictureAttorney Jason A Greller

How Can a Buyer Get Out of a Real Estate contract in Wisconsin?

As a buyer under a real estate purchase contract in Wisconsin, there are several ways you might be able to get out of the contract. However, it's essential to understand that each situation is unique, and the specifics of your contract will play a significant role in determining your options. Here are some common ways to get out of a real estate purchase contract:

  1. Contingencies: Review your contract for contingencies, which are conditions that must be met before the sale can proceed. Common contingencies include financing, appraisal, inspection, and sale of the buyer's current home. If any of these contingencies are not met or satisfied within the specified time frame, you may be able to back out of the contract without penalty.

  2. Inspection issues: If the property inspection reveals significant defects or problems that the seller is unwilling or unable to address, you may have the option to walk away from the deal, depending on the terms of your contract.

  3. Financing issues: If you are unable to secure financing for the property, the financing contingency in your contract may allow you to cancel the contract without penalty.

  4. Breach of contract by the seller: If the seller fails to fulfill their obligations under the contract, such as making agreed-upon repairs or not providing clear title, you may have the right to terminate the contract.

  5. Legal issues with the property: If you discover legal issues with the property, such as undisclosed easements, liens, or zoning violations, you may be able to back out of the deal, depending on the terms of your contract.

  6. Negotiating a mutually acceptable resolution with the other party. You may be able to work out an agreement with the other party to cancel the contract and move on from the deal.

  7. Exercising your right of rescission if you are a purchasing a condominium and you are within the statutory and contractual time period allowing rescission after receiving the condominium disclosure documents.

  8. Terminating the contract due to a Seller misrepresentation on the Condition Report or listing.

  9. Attorney review clause: Some contracts include an attorney review clause, which allows either party to terminate the contract within a specified period (usually a few days) after the contract's execution if their attorney advises against it.

It's essential to consult with a real estate attorney in Wisconsin to review your specific contract and determine your options for getting out of the contract. They can advise you on your rights and potential liabilities, helping you make an informed decision about whether or not to proceed with the transaction.

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