Profile picture for sparc

addendum question

If the seller agreed to fix and repair the problems found in the house inspection but did not sign the addendum, going into settlement, and he did not do the repair, can I still walk away?
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February 18 2011 - Philadelphia
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Answers (14)

Hi Sparc,

As Barbara eluded to a contract envolving Real Property in Pa needs to be in writing and your agent should have caught this detail.  I can't give legal advice as it is out of the realm of my expertise and license.  But in my opinion your agents broker may be able to help solve your problem.  If the addendum was listed on the sales agreement and not just as a stand alone document you may have hope.  But in all matters of contract law it is best to consult an attorney to handle such matters.  Also, best to do before closing were worst case if the seller does not honor the agreement you may just be out hand money if you do not wish to continue.

Hope this helps.
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March 23 2011
To be binding you needed the seller to agree to the repairs in writing.  Your agent should have seen to this detail.  If you don't have one ask the seller to honor his word.  Maybe he is just procrastinating.
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March 11 2011
Verbal agreements are not as good as written agreements

Indeed. Verbal agreements fall under the aegis of hearsay testimony.

In other words, it's about as relevant as the whispering of the angels and just as sustainable in court.
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March 10 2011
Robert, while I appreciate your enthusiasm, imo, you might want to tone it down a bit, as a consumer reading your strong sentiments might find them off-putting.

And, as far as your comment:

"I do agree that your agent is a LOSER.  Don't listen to anything else he has to say.  DIY or get an atty."

You might want to read our Realtor Code of Ethics, as  denigrating another agent,  especially one  who is involved in an ongoing  business relationship isn't acceptable , nor is it professional.
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March 10 2011
This is an old post now, but looking at the previous responses, I feel compelled to respond.  First, of all, I hope you worked out something. 

The responses below are correct - an agreement is as good as the paper it's written on.  You could refuse to close if the conditions of the sale were to have the repairs however there should have been a time limit on providing the list of repairs, responding to the list, and checking the status of repairs.  We are just assuming you had an agent and these things.  Most contracts typically lay out the terms that result in cancellation of the earnest money.  without seeing your contract we are guessing based on typcial situations.  
All that being said, what I really want to comment on is one of the responses you've received.  His details are good but the bedside manner in which he answered your question would be offensive to me if I were asking.   It's simply my hope that you realize not everyone behaves that way  in this profession.  It's perfectly normal to ask questions, asking questions do not make you whining or a whimp and it's appauling to suggest so.  I hope that the fact that there are several good answers that simply addressed your question and didn't attack you for asking it means something.  I don't think he intends to be offensive and perhaps you don't see it that way...Good luck to you, hope it got worked out.
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March 10 2011
If they didnt agree to do the repairs in writting? Im not sure you have much to back you up....sounds like you may need a more effective Realotr moving forward.
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March 10 2011
BOO HOO! the mean seller didn't fix my house.  What will I do...

DON'T BE A WIMP!!!  You don't have to do sh**.

Tell them you are not going to settle unless they fix the thing (explatives deleted) or give you a credit (even better).

I'll bet they want the money at least as bad as you want the house.  Buyers are not exactly breaking down the doors these days.

Lose your deposit???  NO ONE can take the deposit money unless both parties agree in writing and you are not agreeing to give the deposit to the owner.  You have the right to argue that the seller did not perform as agreed and HE is in default on the contract not you.  Verbal agreements are not as good as written agreements but they are agreements and it will be up to a judge to decide who is right and wrong here if you and the seller can not reach an agreement.  In the mean time the owner must inform any potential buyers of pending legal actions against the property ie. he can't sell if you decide to sue him.  As far as you are concerned you are still under contract as long as they are keeping your money. 

Even if you are in default by not settling, the seller's loss is limited to the actual damages (the difference between what you and the next buyer pay) not the full amount of the deposit.

How much money are we really talking about here.  I am sure you can come to a compromise.

I do agree that your agent is a LOSER.  Don't listen to anything else he has to say.  DIY or get an atty.
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March 05 2011
Unfortunately, without a signed "Reply to Inspection Addendum," you agree to accept the house in it's current condition and you can't walk away without losing your deposit money.
It was your realtor's job to get that addendum signed by the seller before the inspection contingency time period ran out... It's his/her fault that you are in this position and I would ask your realtor what he/she is going to do to make right of this situation that they put you in. 
Best of luck and sorry that you are in this position.

Julie Arrick
Coldwell Banker Preferred
Philadelphia, PA 
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February 20 2011
I can't think of any special circumstances where the buyer could walk away and seller would be accountable for a verbal promise. In real estate there is no agreement unless it's in writing. 

 
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February 18 2011
There might be a chance. Does the mortgage lender require these repairs to be completed?  Is it a condo or homeowners association?  Talk to real estate attorney or your agent's broker.
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February 18 2011
It depends on how the agent completed the PAR Inspection Addendum. In my opinion you still must complete the transaction but you have let the seller get out of repairing the problem if it was not addressed in the time given per the contract. Are you represented by a buyer,s agent or is the agent representing both sides? If you are still unsure of your position I suggest you consult with a Real Estate Attorney. Good luck
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February 18 2011
If the seller verbally agreed to make the repairs but there is no signed agreement, you have nothing. I am not familiar with PA law, but my guess is you are now outside your inspection contingency window, which is when issues like this are addressed.

This is an issue that should've been addressed by your agent way before closing.
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February 18 2011
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The seller hasn't agreed until the seller has signed the addendum.   So, you don't have a contract.
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February 18 2011
Seller didn't sign or initial?
You didn't have an agreement. 
Where is your agent in this mess?
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February 18 2011
 
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