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Contracts Keyed to Summers
Weintraub v. Krobatsch
Citation:
64 N.J. 445, 317 A.2d 68Facts
Donald & Estella Krobatsch (collectively “the Krobatsches”) (defendants) were interested in purchasing Natalie Weintraub’s (plaintiff) six-year-old Englishtown home. The Krobatsches visited the home during daylight, found it suitable, and contracted with Weintraub for the sale of her home for $42,500. The Krobatsches paid a deposit of $4,250. The contract provided that the Krobatsches had inspected the home and were fully satisfied with its physical condition. A fire caused damage to the house after the contract was signed by the parties, but the Krobatsches still indicated their readiness to purchase the home. The Krobatsches later visited the home during the evening and were shocked to see hordes of roaches after they turned on the lights. An exterminator informed the Krobatsches that the roaches rendered the house unfit for human habitation and it would require a twenty-one-day treatment to eliminate the infestation that would necessitate removing the carpet. The Krobatsches rescinded their contract for the purchase of the home. Weintraub rejected the rescission and sued the Krobatsches.
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