購屋契約無效書

08/10/2012

Notice of buyer’s termination of contract 琳兒筆下之購屋契約無效書，非常清晰有力，茲將留下紀念，真是養兵千日，用在一時，英語應用文微妙處，甚難形容。

In addition to our correspondence via e-mail on 08/08/2012 acknowledging the termination of our contact, I am re-affirming my intention through this letter.  Termination of our contract is due to several reasons (1) False advertisement, (2) Ignoring the requirement to provide

the seller’s disclosure notice, and (3) Conflict of interest involving you, listing Realtor.  Therefore, the contract , signed by both parties on 08/03/2012, is null.

Because this home was listed as a foreclosure, my understanding of Section 5.008 of the Texas Property Code is that the seller is exempt from providing a Seller’s Disclosure. Now, it is obvious that this is not a foreclosure— you have thus far been unable to provide me with the

circumstances of the seller that would allow the box in Section 7B(3) in the contract to be checked. If the seller does qualify, I would like to have a proof of this qualification. Please see a Section 5.008 Texas Property Code attached. 

xxxxxx xxxx, Inc, purchased the property in 2010 for a amount of $275,000. This steeply discounted purchased price has caused me great concern for the property's condition. Are there any major defects of the property which after this purchase  Section 5.008 protects my right as the purchaser in this case. In this circumstance, you vigorously pursued representing me, the buyer, and already represented the seller in this transaction in order to receive your 6% commission rate yet your actions have exhibited neglect from the buyer's perspective. The contract you have drawn up will clearly convey this to any real estate professional / attorney reviewing the contract.

You were aware of the 2010 seller’s purchase price without disclosing the property condition, tried to avoid a regular listing by listing as a foreclosure. This seems like a bait and switch. After further research, I checked the accuracy of your records on your listing other than the foreclosure category, I found several misrepresentations including the year built (2000 should be 1997) and square footage 6,981 should be 5,433. This is why under the contract the seller must provide an official of a survey of the house within 3 days of the effective date of the contract.

Now that our contract is null, I would appreciate it if you would discuss with the seller about refunding my earnest money.