Real Estate didn't meet deadline - who is responsible?

[kokoliko]

What is the name of your state? New Jersey

I'm buying and my contract states the seller will pay up to $500 for termite repair if needed if I get an inspection before 15 prior to closing (if it was beyond $500 then it could be a deal-breaker however if the inspection was not done by that time then the seller's $500 would all be waived).

When I first signed the contract, my real estate agent read over it with me and explained everything, and every time it mentioned the termite inspection she said that they (real estate agency) will take care of the termite inspection. She made it very clear many times even though the contract does state that it is buyer's responsibility.

I first signed the contract on 6/28 and the seller signed 7/1 so the attorney review period was over 7/7. I had set my closing date 7/25.

I had 10 days after attorney review for a regular home inspection, which I scheduled and had done on 7/9. Because my real estate agent was taking care of the termite inspection, I didn't really think about the dates (I assumed she would respect the time limits and also mistakenly kept thinking that the time frame for termite inspection was the same). She scheduled the termite inspection for 7/12.

The inspection revealed damage with a recommended invasive search ($300) and possible treatment that could total up to $1000. After the inspection I tried to confirm with the agent that the seller would pay $500 and she said only if it was done in the time frame and that we weren't. She said that she couldn't get an earlier appointment. Before this, she had said nothing to me about not being able to get an appointment in time and I trusted that she would take care of it ok.

I know that this is all technically my responsibility and that the time frames were very close. But I feel totally screwed that she repeatedly told me she would take care of it and obviously failed on that. This was only spoken between the two us. Do I have any recourse or am I now obligated to fully pay for all of this?

Thank you in advance.

[PghREA]

And what did your agent say when you called her?

[kokoliko]

She just said that she couldn't get an appointment by the date.

I did just hear from her and she said that the seller is willing to pay as they did drag their feet in signing the contract not leaving much time for inspection.

Hopefully, this will really happen!

[HomeGuru]

Originally Posted by kokoliko

She just said that she couldn't get an appointment by the date.

I did just hear from her and she said that the seller is willing to pay as they did drag their feet in signing the contract not leaving much time for inspection.

Hopefully, this will really happen!

**A: then the agent needed to get an extension to the contingency in writing to allow for more time and to avoid an automatic termination of the contract.