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Issues with the seller, does she really want to sell the home now that we are almost closed??

I am attempting to purchase my first home, using my VA home loan. I have agreed to pay the seller full list price. I have on numerous occasions allowed extensions for the seller to get back with me on various issues. The listing stated that the home has a "hybrid geothermal system" which it does not. I (graciously) accepted their answer that it was a mistake and that they would not be offering any $ off the price of the home. The seller is also refusing to pay for any repairs found during the inspection, I have requested only 2k at closing to cover these repairs which would likely cost well over 3-4k. Now she is "consulting her attorney" and I have been waiting nearly 2 weeks for a response. I have over 1,500$ in inspections etc at this point and we are only 4 days from the agreed upon 45 day closing date. I am afraid the seller has decided to not sell the home and is attempting to drag the process out in order to run me off, but I am far too invested to quit now.. What happens when we hit the 45 day mark? Any opinions or suggestions would be greatly appreciated! 
  • June 19 2013 - Louisville
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Answers (6)

Profile picture for Rickneptunerealty
Stick it out.  If you have a closing attorney that you are already working with, seek advise from them of all your options.  It sounds like you have followed through with your obligations.  Is there a realtor involved? Is there a standard ratified real estate contract?
  • June 19 2013
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I don't know the laws in your state so you should check with a knowledgeable local Realtor or attorney. In Colorado where I work and many other states, once the seller has signed the contract to sell, the do not have an option to simply change their mind and back out. You likely can force her to go through with the transaction or sue for damages whether she still wants to or not. However, you absolutely would need to consult with a local professional so that you understand your options and potential consequences of any action you decide to take. I wish you the best.
  • June 20 2013
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I hate hearing stories like this because this sort of crap shouldn't be happening. Something tells me you're attempting this purchase without representation and this is why you're now having problems. 

So here are a few important questions...

1. Do you have a Realtor? (they wrote the contract)
If so your Realtor should stop everything they're doing and solve this problem for you. This is simple stuff. It really is. Quite frankly these sort of issues make my job exciting and why I've made real estate a life-time career. Solving disputes is actually enjoyable when you know the laws and contracts. Your Realtor can solve this issue in a matter of minutes with a few phone calls and if the phone calls don't work...they should immediately drive to the seller. There is no excuse for you being in the dark 4 days before closing.

2. Does the seller have a Realtor?

If so call them. If they won't call you back call their broker. The broker will fix this problem right away.

3. Was the contract "As-Is" or were there agreed to repair limits? What were the repair limits?
If you signed an As-Is contract the seller is not responsible for repairs. You asking for them could be construed as you trying to take advantage of them. This is yet another reason why you should have a Realtor.

4. Have you called the title company and asked for an update?

I'm in Florida and we use title companies. You might be dealing with a real estate attorney. The point is someone is responsible for actually closing this transaction and you should be able to call them for an update. It makes no sense that you're confused 4 days before the closing. Hasn't the title company or attorney called you recently?
  • June 20 2013
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Was there an inspection contingency as part of the purchase agreement? KY contract law calls for specific dates for buyer and seller to respond or the purchase agreement is terminated. If you and the seller signed an inspection contingency, what does it say? That will give you a more correct answer than any answer you can find on Zillow.
  • June 20 2013
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I am curious to know the outcome, and what your response was to some of these suggestions?

Please update us all.  Thank you.
  • January 23
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  • January 23
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