Profile picture for user835333

If the seller and I cannot agree on the repair request, can I walk away without losing my escrow dep

  • April 19 2012 - US
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Be a Good Neighbor. Be respectful and on-topic. No spam or self-promotion! See our Good Neighbor Policy.

 
 

Answers (9)

Yes, in Pa. you may, so long as you are using the Standard Pa. AOS, and following the inspection contingency dates you and the seller agreed to.  For example, if within the contingency period agreed upon, a reply to inspection repair is presented in writing and not agreed to by the seller, the buyer usually has the right to walk from the deal with all deposit monies being returned. All parties must sign a termination agreement, acknowledging both parties could not enter into a mutually agreed upon list of repairs. 
  • April 23 2012
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

your contract has an inspection time on it, under most state laws, you have to respond within that time frame in writing.

In Arizona, you send ONE response (you cannot ask for somethings than ask for more later)
the choices are:
1. cancel purchase for the following reason____
2. repairs requested, enumerated...
3. home accepted, no repairs. 

Choices 1 and 3 are self evident, choice 2, the seller has 5 days to accept your repairs, counteroffer until you get an agreement, or refuse the repairs. If there is no agreement you can cancel at that point. (per the contract, you have a few days from the sellers response to decide)

so, from your title, it seems you asked for repairs and are negotiating with the seller over them. If that is the case, you have a short time to cancel due to repairs, as others have said READ YOUR CONTRACT. from your follow up, you don't even seem to have done that yet! READ YOUR CONTRACT. you are about to spend several hundred dollars to have an attorney read it to you... AND you may waste precious time doing that, when your answer is due sooner. 
  • April 23 2012
  • 1Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for user835333
Thank you for all your responses.  Looks like I will have to consult a real estate attorney even though this kind of consultation is not too common in Southern California.

I do have a buyer's agent that I am working with but to date, she has been working with the seller's agent to 'get the deal' done without putting my concerns/rights first.

Does anyone know of a good real estate attorney they can recommend?  Thanks.
  • April 22 2012
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for sunnyview
If you have not released the contingencies, I would think that issue would fall under that clause in your contract. Ask your agent and read your contract.

You should be able to back out based on your inspections and still get your deposit back if they are unwilling to repair/provide credit for those items, but make sure not to miss the deadline in the contract for giving written notice or you may be out of luck.
  • April 20 2012
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for Ofe Polack
As long as both buyer and seller agree and you are within the given period  for the Home Inspection, you can request your escrow release.  Time is the important thing so ensure that you are within the period of time allocated for the Home Inspection. 
  • April 20 2012
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for kapyarets
If time frame for your inspection contingency isn't expired you can ask for release from the deal in writing with return of the deposit to the buyer. Release form need to be signed by both parties and there should be stipulated time frame for deposit return.
Good luck.
  • April 19 2012
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for Rita Walker
I hope you are using a Realtor to represent you interests in this sale. If so, this question should go to your agent.
If not, read your sales contract! Everything should be spelled out in the contract. If you cannot understand it, then get yourself to a Real Estate Attorney before the inspection period expires.
  • April 19 2012
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

Profile picture for user835333
I forgot to mention that I am in California and I have not removed any of the contingencies yet including the inspection and HOA contingencies.
  • April 19 2012
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.

It depends on the wording of your Purchase Agreement.  I suggest you contact an attorney who handles residential real estate matters.
  • April 19 2012
  • 0Yes

  • Report a Problem

    Please enter a valid email address.

    Content flagged

    We will review this content. Thanks for helping make the site more useful to everyone. To learn more, read Zillow's Good Neighbor Policy.

    We're sorry. This service is temporarily unavailable. Please come back later and try again.