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Replies (6)
- Kamil Andrukiewicz, "homesbykamil.com"
- Contributions:57
Contact an attorney, it depends what your contract said
- Janet Sebile, "jsebile"
- Contributions:66
I'm sorry this happened to you. It is a great deal of money.
Home inspections are the responsibility of the buyer and they are strongly recommended so that you know as much as possible about the property you are purchasing.
Unfortunately, they can cost alot but considering the amount of the purchase and what you find, it is worth it.
Depending on your contract, if the contract gives either party the right to opt out depending on circumstances, then the seller has a right not to proceed with the sell. I would recommend contacting an attorney to review the document.
Either way, before you proceed with buying anything else, have a good conversation with your Realtor so that you understand the buying process and your rights. Know the consequences so you can make a better informed decision about how you are spending your real estate dollars.
Best of luck to you.
- Shawn Anderson, "Mr.Shawn Anderson"
- Contributions:9
You need to talk to an attorney, and what does you realtor tell you please post that hear. I'm sure the rest of us would like to know what they told you. But from what you said the seller broke the contract.
- Ofe Polack, "Ofe Polack"
- Contributions:1420
I feel very sorry for you, but without having seen the purchase and sale agreement regarding the home inspection contingency there is very little we can all advise. This is a matter to discuss with a real estate attorney as soon as possible. You do not say how much was your escrow deposit, which by the way cannot be disbursed unless buyer and seller sign the release of escrow form. If it was $5000 and you spend $1200, you may not get the house but at least your expenses should be covered when you get your money back.
- Pasadenan
- Contributions:21466
Of course it is "legal". Buyer's agents do that to their clients on a frequent basis. If you didn't want the seller to back out, you should not have insisted on having the roof "fixed" as a condition for closing the sale.
Of course the seller's insurance will cover the damage, less the deductible; but there is that time frame issue, and the deductible.
And those "Realtors®" keep saying they will "negotiate" for you, but when it comes right down to it, you are the one making the decisions and negotiating options, not the Realtor®.
Sure, you can file a complaint against your agent with the local board, and can file a lawsuit against your agent in small claims court for your "damages", and maybe the agent's "errors and omissions" insurance "might" cover it. But I wouldn't count on it.
Sure you get your deposit money back, but that doesn't have anything to do with inspection fees. Where do these Realtors® come from anyway? Billy Mays' school of how to rip off the customer?
If you get anything back from your "expenses" for not closing on the home, it will come from your own agent. But personally, I wouldn't expect anything.
Of course the seller's insurance will cover the damage, less the deductible; but there is that time frame issue, and the deductible.
And those "Realtors®" keep saying they will "negotiate" for you, but when it comes right down to it, you are the one making the decisions and negotiating options, not the Realtor®.
Sure, you can file a complaint against your agent with the local board, and can file a lawsuit against your agent in small claims court for your "damages", and maybe the agent's "errors and omissions" insurance "might" cover it. But I wouldn't count on it.
Sure you get your deposit money back, but that doesn't have anything to do with inspection fees. Where do these Realtors® come from anyway? Billy Mays' school of how to rip off the customer?
If you get anything back from your "expenses" for not closing on the home, it will come from your own agent. But personally, I wouldn't expect anything.
- Christine McGinty, "whitemountainagent"
- Contributions:273
We, as Realtors, are not attorneys and can't advise you legally. This is a situation you should most definitely contact an attorney on. Of course take your contract so they can see how it reads.
seller opt of selling home
We were represented by a realtor, seller accepted offer on home. We paid for home appraisal,septic& home inspection, costing $1,200. After home inspection the roof needed to be replaced due to hail strom. The seller then opted on selling the house, leaving us at a loss. Is this legal??
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