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As a seller can I cancel a contract if I am denied a mortgage to purchase a new house

Toms River, NJ |

I am selling a home and buying a home. I was denied a mortgage for the purchase, do I have the right to cancel the sale of my home since I am not able to move into a new home

Attorney Answers 5


  1. you will need to consult a lawyer to review the contract for your purchase. if the contract has a mortgage contingency you may be able to cancel the purchase. without the contract to review its not possible to answer. there may be limitations or conditions that you may have to meet in order to cancel. seek the advice of a lawyer.

    without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice


  2. It depends upon the language contained in the Contract on the sale of your house. I hope you retained an attorney during attorney review, but seeing that you live in the southern part of the State of NJ you may not have. It is customary to add a provision in such deals that in the event that you were unable to purchase a new home that either the contract would be canceled or you would get more time. However if the contract is silent on this issue you may be forced to proceed with the sale irrespective of the fact that you may not have anywhere to live after closing. You should consult with an attorney quickly to review your options.

    IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.


  3. I agree with the other attorneys in that the answer to your question depends on whether there was a mortgage contingency clause in the contract for sale of your home. If you are working with a realtor, you should speak with them, as well as an attorney, regarding the contract language. You can also speak with your realtor about whether you have any other options to obtain a mortgage.

    This information should not be taken as legal advice, and this information is not intended to create an attorney-client relationship. It is highly recommended that you speak with an attorney for additional information.


  4. It depends on what your Contract of Sale states.

    A "purchase of home contingency" is much less common that a "sale of home contingency". It is not something that is typically found in a NJ RealtorĀ® form contract.

    Typically, the right to cancel a sale contingent upon an ability to buy another property is a clause that is negotiated by your attorney and added to the Contract of Sale.

    This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


  5. I agree with the other responses that say, unfortunately, it depends. Hopefully you had a contingency for the purchase built into your sales contract. Perhaps you have sufficient cash to make the purchase, even without the mortgage. If you are not already working with an attorney, you should seek counsel.

    This post was prepared for informational purposes only and is neither intended nor shall it be interpreted to be legal advice or opinion or the establishment of an attorney-client relationship. Without meeting or speaking with you, the Law Offices of Apicelli & Costanzo cannot give you appropriate legal advice without first understanding your personal factual scenario.

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