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About Hans Weber, Licensed Broker Associate
Expertise
I am able to answer questions related to buying or selling residential real estate in New York. There are many questions buyers and sellers have about the process of buying or selling a home that they are afraid to ask or that might seem too simple to ask. For instance: in a house, why do some doors open in and some doors open out?

Experience
Licensed real estate agent in New York State in 1988.
Serving buyers and sellers as a full time occupation since 1988 with over 300 successful residential real estate transactions.

Organizations
National Association of Realtors.
Westchester County Board of Realtors.

Education/Credentials
Graduate of Pace University in 1988 majoring in business and minors in taxation and computer science.

Awards and Honors
Consistently one of top sales awarding winning agents for Coldwell Banker in Westchester County.

 
   

You are here:  Experts > Shopping > Home Buying/Selling > Buying or Selling a Home > Encroachment and contract obligations

Buying or Selling a Home - Encroachment and contract obligations


Expert: Hans Weber, Licensed Broker Associate - 5/6/2008

Question
My husband and I are in the process of buying a home on Long Island.  Both the sellers and ourselves have signed the binding contract about 3 weeks ago.  The title search done last week revealed an encroachment of the sellers driveway by 3 feet onto the neighbors land.  The seller was aware of this when he closed on this property in 2004.  The title company will not insure that 3 feet of driveway.  We are nervous about buying a home with an encroachment. I have two questions.  If the seller knew this, was he suppose to disclose it?  If the neighbor will not sign a consent release, can we get our $20,000 deposit back and get out of the contract?  Thanks!

Answer
Hello Pat,

Thank you for your question.

That is exactly what a title search is for!  Your title search revealed a problem.   Now it is up to the seller or his title company to fix.  If they can't fix it you are out of the contract and get your escrow deposit back.

Hope it works out for the best.

Hans

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