A property was advertised with well and septic on site. Do I have a right to have my deposit return to me when the well was not on the prope...

Question

A property was advertised with well and septic on site. Do I have a right to have my deposit return to me when the well was not on the property?

Answer

In this scenario where there is a misrepresentation of fact, i.e. the well and septic is on the property being offered, the fact that it is not on the property being purchased is material. When there is a material misrepresentation of fact they you should be relieved of your obligation to perform under the contract, unless, the seller is getting the property transferred to you as part of the sales closing. If the seller gets the property (with the septic/well on it) transferred to you at the closing free and clear of liens and encumbrances, then you have not been harmed by the misrepresentation and should proceed to closing.