Answers (9)
- Ryan Halset, ABR, "RyanHalset"
- Contributions:871
The 2 most recent responses (stating that you gave the seller the right to back out of the contract after asking for repairs) are absolutely incorrect if you are using the standard NWMLS purchase and sale forms here in the Seattle area.
The seller can refuse to make repairs or refuse to reduce the price, but the seller cannot unilaterally back out of the entire contract because you asked for repairs.
As others (like Mack) have already noted, we can't see your contract with the seller, so we can't determine if you are using these forms or if they are legally obligated to still sell the house to you...but if you are using a local agent and they wrote the offer and inspection response on the NWMLS Purchase and Sale forms, then the seller cannot terminate the entire contract just because you requested repairs.
Ryan Halset, Real Estate Broker
Boardwalk Real Estate | Seattle, Wa
*I am not an attorney and this should not be taken as legal advice - consult an attorney if needed!
The seller can refuse to make repairs or refuse to reduce the price, but the seller cannot unilaterally back out of the entire contract because you asked for repairs.
As others (like Mack) have already noted, we can't see your contract with the seller, so we can't determine if you are using these forms or if they are legally obligated to still sell the house to you...but if you are using a local agent and they wrote the offer and inspection response on the NWMLS Purchase and Sale forms, then the seller cannot terminate the entire contract just because you requested repairs.
Ryan Halset, Real Estate Broker
Boardwalk Real Estate | Seattle, Wa
*I am not an attorney and this should not be taken as legal advice - consult an attorney if needed!
- Gene Riggs, "govagent1"
- Contributions:86
Yes the seller has every right to back out based on the fact that you are asking for repairs. If repairs were not agreed to in the PA then yes the seller can back away.
- Bob Kelly, "Robert T. Kelly"
- Contributions:471
You gave the seller a way out when you requested repairs.
- Ofe Polack, "Ofe Polack"
- Contributions:3374
I would discuss this situation with your buyer agent. There is a time table for the Home Inspection, and your buyer agent should have been on top of it. Indeed the lender may refuse to give you a mortgage if the Appraiser finds items that need to be corrected. If the seller will not make corrections and you will not either, the mortgage will not be issued to you. What makes you think that the seller will walk out....?
- Mack McCoy, "Mack McCoy"
- Contributions:2106
What does your agent think?
We cannot determine whether the seller is "legally obligated" to sell the house to you - once the word "legal" pops up, brokers need to realize that they are not attorneys!
With that in mind . . . you would need an attorney to give you an opinion of whether you had a case against the seller, and your agent should give you an opinion of whether the condition of the property will affect the appraisal and the lender's willingness to finance the purchase.
If you're on your own . . . well, all the best to you.
We cannot determine whether the seller is "legally obligated" to sell the house to you - once the word "legal" pops up, brokers need to realize that they are not attorneys!
With that in mind . . . you would need an attorney to give you an opinion of whether you had a case against the seller, and your agent should give you an opinion of whether the condition of the property will affect the appraisal and the lender's willingness to finance the purchase.
If you're on your own . . . well, all the best to you.
- Joe Owens, "Joseph Owens"
- Contributions:19
Realtor to the rescue! Well at least that would be the case if you have an agent and I sure hope you do. In most cases the seller cannot simply walk away from the deal this far along. They can refuse to make any repairs and the bank may require you to do so in order to close. But this situation is something no buyer should have to deal with. If you don't have an agent get yourself an attorney. They will be able to point you in the right direction and protect your rights in the bargain. Good luck.
- Ryan Halset, ABR, "RyanHalset"
- Contributions:871
Hi there,
Are you using an agent? This would be a fantastic question for him/her.
Nonetheless...if you are using the standard NWMLS Purchase & Sale forms here in Seattle, then NO the seller cannot back out of the sale "just because".
Note that a non-response from the seller on the 35R (Inspection Response Form) means that they have essentially elected to not fix any requested items. The inspection response only allows a limited time for their response. Once that time frame has passed for the seller, then YOU only have a limited amount of time to decide whether to move forward (knowing the issues will not be fixed) or back out (and retain your earnest money). A non-response from you means that you agree to the terms and are moving forward. Your agent should be making you fully aware of the time frames in the contract.
Your bank can withhold financing if there are issues with the appraisal (not the inspection). Your bank will never see the inspection, so I assume you are talking about the appraisal. Hopefully you have a financing addendum so you can keep your earnest money if the appraisal doesn't fly with your bank.
Best of luck! Let us know if you have any other questions!
Ryan Halset, Real Estate Broker
Boardwalk Real Estate | Seattle, Wa
I am not an attorney and this should not be taken as legal advice - consult an attorney if needed!
Are you using an agent? This would be a fantastic question for him/her.
Nonetheless...if you are using the standard NWMLS Purchase & Sale forms here in Seattle, then NO the seller cannot back out of the sale "just because".
Note that a non-response from the seller on the 35R (Inspection Response Form) means that they have essentially elected to not fix any requested items. The inspection response only allows a limited time for their response. Once that time frame has passed for the seller, then YOU only have a limited amount of time to decide whether to move forward (knowing the issues will not be fixed) or back out (and retain your earnest money). A non-response from you means that you agree to the terms and are moving forward. Your agent should be making you fully aware of the time frames in the contract.
Your bank can withhold financing if there are issues with the appraisal (not the inspection). Your bank will never see the inspection, so I assume you are talking about the appraisal. Hopefully you have a financing addendum so you can keep your earnest money if the appraisal doesn't fly with your bank.
Best of luck! Let us know if you have any other questions!
Ryan Halset, Real Estate Broker
Boardwalk Real Estate | Seattle, Wa
I am not an attorney and this should not be taken as legal advice - consult an attorney if needed!
- Dave Skow, "daveskow"
- Contributions:1371
Q:Can the seller back out of the sale or is he legally obligated to sell the home to us?
A: I am not anreal estate attorney .( definitely worth consulting with one if you think deal is going sideways ) ..but I think the answer to this is probably no...if there are extenuating circumstances that seller has and needs to get out of selling ...you might ask them to reimburse you for the costs you have invested in trying to purchase it
reagrding repairs .... does the appriaser recommend any repairs to be done ? if lender requires repairs to be completed before closing ...then the loan likely cant close ....possible to get into an agreement that work required gets done and either is paid for by soemone else in transaction or possibly to get paid after the transaction closes ......this gets very difficult to coordiante especiually if you have an uncommunicative seller/ listing agent
are agents involved? if so - what is their role and what are they saying ?
A: I am not anreal estate attorney .( definitely worth consulting with one if you think deal is going sideways ) ..but I think the answer to this is probably no...if there are extenuating circumstances that seller has and needs to get out of selling ...you might ask them to reimburse you for the costs you have invested in trying to purchase it
reagrding repairs .... does the appriaser recommend any repairs to be done ? if lender requires repairs to be completed before closing ...then the loan likely cant close ....possible to get into an agreement that work required gets done and either is paid for by soemone else in transaction or possibly to get paid after the transaction closes ......this gets very difficult to coordiante especiually if you have an uncommunicative seller/ listing agent
are agents involved? if so - what is their role and what are they saying ?
- Bernard Gibbons
- Contributions:445
The seller cannot generally cancel the agreement unilaterally, although he does not have to agree to any of your repair requests. Certainly it is possible that your lender will require some repairs to be done before funding the loan but that is not the seller's responsibility unless he has agreed to them.
Note this is not a legal opinion. If in doubt, consult with an attorney.
Note this is not a legal opinion. If in doubt, consult with an attorney.
There are no seller contingencies in the purchase agreement. Can the seller back out?
Also, I have been told that sometimes the bank won't approve the loan if the home inspection uncovers serious repairs and/or safety issues. We are very fond of the property and would probably still purchase the home even if the seller refused to make any repairs. But, I am afraid that the deal may fall through anyway if the bank won't approve the loan without the repairs being done by the seller.
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