
Purchasing a home is a significant step. However, in Glen Cove, NY, and throughout the state, disputes over home purchase contracts are not uncommon. Whether the issue relates to missed deadlines, failure to disclose property defects, financing problems, or breaches of contract terms, residential real estate litigation may prove the path to a satisfactory resolution.
How Can a Lawyer Help Resolve a Dispute Over a Home Purchase Contract?
Reviewing the Contract and Identifying Issues
Home purchase contracts are usually lengthy and detailed, covering everything from contingencies to closing procedures. As lawyers, we begin by reviewing the contract carefully to identify the rights and obligations of both buyer and seller. We can then assess whether the other party has violated any provisions and determine what remedies may be available. For example, if a seller refuses to complete agreed-upon repairs or a buyer fails to secure financing in time, we can determine whether these failures constitute a breach and what legal consequences might follow.
A Dispute Example: The Glen Cove, NY Townhouse
Imagine a buyer has contracted to purchase a townhouse. The agreement requires the seller to disclose all known material defects and maintain the property’s condition until closing. During the final walk-through, the buyer discovers significant basement water damage from a leaky foundation, an issue that the seller never disclosed. The buyer wants to either negotiate a repair credit or back out without losing the deposit, while the seller insists the purchase must proceed. The buyer calls us in to advise on the situation.
We would first review the seller’s disclosure obligations under New York law. If the seller knowingly concealed the defect, this could allow us to argue breach of contract or even fraud. The buyer has various options: negotiating a credit, rescinding the contract and recovering the deposit, or suing for damages. We might first negotiate directly with the seller’s attorney, presenting evidence and pushing for a fair settlement. If talks fail, we can move to litigation, using discovery to uncover whether the seller knew about the defect.
Remedies Provided by Residential Real Estate Litigation
New York contract law provides various remedies when one party breaches a real estate agreement. Many disputes can be resolved without going to court, through negotiating extensions, credits, or revised terms to keep deals alive. If settlement proves difficult, mediation offers a structured way to reach a resolution.
However, if these methods prove ineffective and there is no option but to litigate, we will both handle the procedural requirements of New York real estate litigation and advocate for you effectively in court. We will discuss your options with you ahead of time and together evaluate which remedy will best align with your goals. Depending on the situation, this may mean arguing to secure the property, walking away cleanly, or recovering financial losses.
Whatever issues you may be facing in your home purchase, we can help. To book a consultation with an experienced attorney, contact us at Chiariello & Chiariello in Glen Cove, NY.


