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Does BUYER, option period has expired, have the right to reinspect the home after several storms?

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Hellow

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Buyer was in THE HOME during storm w/both a contractor and wood flooring contractor/measurer to discuss construction plans and to measure floors for hardwood, carpets and tile. All observed water damage under doors and felt moisture up walls and around windows. Floor Measurer indicated moisture and stated wood flooring could NOT be installed in that area.  BUYER requested ANOTHER inspection with licensed engineer to determine extent of water penetration and wood rot, NOT DISCLOSED BY SELLER ON DISCLOSURE FORM. Seller refused to allow buyer to inspect.  
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November 02 - Spring
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Cindy LaPeer, "cindylapeer"

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I'm assuming when you say "re-inspect" that you had it inspected during the option period and everything was fine at that point. If so, you can have the house re-inspected if you think that something has changed b/c of casualty (fire, flood, etc) since the execution of contract. See paragraph 14 in the contract.
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November 02
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Naima Sumner, "Dallas Fort Worth"

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Sounds fishy on the seller's part.

It should be in his best interest to collaborate with a buyer, especially one who hasn't walked away from the deal after finding water damage that wasn't disclosed.

See if the buyer's insurance company can make it a requirement to insure the house.  If the buyer can't get insurance, then he can't buy the house.

Naima

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November 02
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NTETS, "Caveat Emptor"

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well, no, there is no law granting you access... but i would definately waly away if i thought the seller had something to hide. i would go so far as to say walk away even if they turn around at this point and let you back in. its obvious they dont want to be forthcoming with you.
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November 02
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Hellow

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Let me add, I was in the home when water was seeping under the door and towels were sopping up water. The contractor felt the walls in MB around windows and they were wet. The floor man tested for moisture and found moisture in the floor. The Seller's agent and OUR agent were made aware of the water damage and viewed the damage. All this while my husband, the contractor and inspector waited outside to view the damge.  Agents agreed w/seller's wishes and refused to let us in the inspect. We terminated the agreement in writing, but have not received anything from the Seller.  We were suppose to close tomorrow! I'd like to get our Lender in to inspect. I believe the Seller has defaulted in this case.
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November 02
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Cindy LaPeer, "cindylapeer"

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What does your agent say? Have you asked for you earnest money back from the title company? They can't give it back to you w/o going through the legal steps, but you should make them aware of the situation. But it seems to me that your agent should be very involved in this.
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November 02
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Naima Sumner, "Dallas Fort Worth"

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Since you gave your notice to terminate to the seller why do you think he would want to let you back in?

I don't see how the seller can be in default.  A seller's disclosure isn't worth much IMO so during the option period is when you need to do your due dilligence and get all the inspections you need, if it needs to be extended, so be it.

You agent should get that same termination notice to the title company.  If you terminated during the option period then the seller doesn't have to sign the termination and the title company can just give you your earnest money back.  If it was done after, then yes the seller as to be in agreement and you are still contract bound until then.

Naima
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November 02
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Hellow

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We did not give termination notice first. Our Agent informed us the Seller was insulted I wanted to inspect for mold. Seller was considering "backing out" of contract. Since more damage discovered AFTER inspection and option period had expired, and we had severe rain storms, and I was IN THE HOME DURING THE RAIN STORM, to see water seeping under the doors into the kitchen, I requested ANOTHER inspection.  Seller refused to let us enter home after storms. Our Agent informed us Seller wanted out of the contract. She provided and we signed a termination agreement, but have not yet received one from the Seller.  We had every intention of buying home before storm damage, already bought ceiling fans, carpets, had a gardener give us an estimate to install 48 trees, paid for contractors to measure doors, floors, etc......
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November 02
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Hellow

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We did NOT terminate first. Our Agent informed us Seller was insulted I wanted to inspect for mold and was "considering backing out". Seller's argument, Option period expired and first inspection complete. But we had several storms AFTER, and I was IN THE HOUSE DURING STORM TO SEE WATER SEEPING UNDER THE PATIO DOORS AND SOAKING KITCHEN FLOOR. I requested another inspection. Seller refused. Our Agent informed us Seller wanted out. We agreed. Now I understand that since BOTH Buy and Seller's AGENTS knew about damage after storms, both inspected w/Seller after storms, we HAD THE RIGHT TO REINSPECT!!! but Our Agent, Seller and Seller's Agent refused to let us inspect. I think we have legal grounds to make the Seller fix the damage. What do you thinkg?

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November 02
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Cindy LaPeer, "cindylapeer"

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Go back to the contract. I think paragraph 14 explains this. I don't understand why your agent would side w/the sellers. Hmmm.... sounds funny to me. And you are entitled to a final walk-thru. If the property is not in the same condition as when the contract was executed, there are things you can do (refer back to paragraph 14.) You may want to speak to a real estate attorney.
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November 02
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Hellow

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Thanks for your comments. We did hire an attorney. Today, he stated BOTH both our Agent and Seller's Agent knew we could reinspect the house before close. Unfortunately both Agents worked for same company, Remax. Seller's Agent was boss of our Agent. Conflict of interest. Shame on Seller's Agent for preventing us from reinspecting property and not performing according to RE laws and for not doing the "RIGHT" thing in this situation.  Experienced agent, on the Board of Realtors, knew the law, knew the damage was old, allowed her client to report NO water pentration or wood rot, and knew the rains had increased the water penetration and extended damage! Shame, and loss of license on bad Agents. My husband and I are happy to end the relationship.
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November 02
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Cindy LaPeer, "cindylapeer"

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I'm sorry you had to go through this. I hope you find another home that you love just as much and that your next experience w/an agent is a fantastic one.
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November 02
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jkonstant

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While laws vary from state to state, a general rule of thumb is all purchases are "as is". This is amended by inspection language either in the purchase contract or in a separate addendum made part of the contract making it "subject to".

Once the inspection contingency is fully satisfied, the buyer certainly has a right to re-inspect and an actual responsibility to do so during or after an event like fire, flood, etc. The satisfaction of the inspection contingency updated your contract to "as is" again. It is imprtant to know that "as is" means "as of that time", not a month from now. If things were not "as is" per your contract, then you do not have to buy.

I might add that your attorney may have only been partially right regarding the seller's agent refusal to let you back in. You need permission in all cases to enter or re-enter the property. If the seller refuses, the agents have no choice but to follow their instructions. The listing agent's hands may have been tied, but your agent should have advised you consult your attorney immediately and stepped back.

Again, I do not practice in your state, nor is any of this intended to be legal advice.
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November 03
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Naima Sumner, "Dallas Fort Worth"

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Sorry to hear about this whole mess.  I think you are doing the right thing by walking away from this home.  If you feel the seller has lied about disclosing previous water penetration, what else might he have lied about.

You should talk to your attorney about getting all the money you spent on inspections from the seller too considering they are asking for a termination.

Since you are represented by a lawyer, you need to follow his/her instructions.  I find it odd that the seller is the one to want to terminate the contract.  They would have to disclose to any future buyer any written reports that they have received from you. 

Let us know how it turns out.  Good luck,

Naima
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November 03
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DebtsNMesses

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Well, I think you have a right to reinspect given this thought... If a fire storm comes through the area, and the house burns down, are you still forced to buy the house since you're due to close in two days? Nope. Mother nature can change many factors and make it perfectly reasonable to change contracts. (We did a home inspection ourself on a house we didn't end up buying, but we had to sign a waiver to do it... didn't you?)

I would recommend for the future that you get an independent inspector even if your hubby can do it. We did and it was really nice to have that second pair of eyes.  Both men found a few things that the other missed, but both men agreed the house had 'good bones'. We are very happy with our home, and hub has said more than once that he's glad he didn't do the inspection report himself, which he could have.
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November 03
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Pasadenan

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Where did you find that home inspector?  Didn't the home inspector notice any signs of water issues?  If the water came through the door in the most recent rain, wouldn't it have come in during other rains?  Weren't you advised to look at drainage issues for the property up front when you were looking?  Weren't you told that most properties have drainage issues of one kind or another?

And you state the two realtors are going to loose their licenses???  Are you really going to take the time to pursue a formal complaint to that level?

Like most professions, only about 10% are "really good", and the "majority" are just "mediocre".  Just consider it "payback" for the last time you cut a corner in your work.
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November 03
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Hellow

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Gold Medal was the Inspection Co. Agent arrived early and let the inspector into home and talked w/him BEFORE I arrived on day of inspection. No advice about drainage issues. Never told most properties have drainage issues. He did take a picture of water penetration and wood rot, not disclosed. But Agents brushed aside damage when we asked questions. Saying poor seller's husband has Alzheimers and she probably didn't know about water penetration, etc...
Never said they are going to loose license. I THINK they SHOULD loose licenses!  You ask if I am really going to take the time to pursue a formal complaint to that level?????? Do u mean  I should waste my time and they be allowed to perpetrate fraud?
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November 05
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Hellow

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Pasadenan, what do you do for a living?

Do you realize the failure to disclose and refusal to allow reinspection cost me thousands of $ in legal fees and time & $ for contractors, engineers, inspectors, gardeners, painters, electricans, movers and my time.  And now I have to return 5 ceiling fans and 7 carpets that were purchased to decorate my new home. Cancel my move and services to new home and live in place stacked with boxes? 
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November 05
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Hellow

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Pasadenan, Listing Agent on 2519 Wild Place is Vicki Fullerton, Chair of the Board of HAR, w/several other credentials to her credit.
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November 05
 

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Discussion Does BUYER, option period has expired, have the right to reinspect the home after several storms?
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