repairs to void contract?

Illinois

One buyer's contract was voided because he requested some repairs from the seller (this is after a valid, signed sales contract). The seller refused to do the repairs and canceled the entire deal. An attorney said that the request was a new contract and so the seller had the right to reject it.

How can this possibly be right?

Unfortunately, this happened to us when we tried to purchase a home. We also had a signed sales agreement stating it was subject to the seller making certain repairs to our satisfaction. When we requested a difference in price for the house since he refused to make the repairs, the buyer stated he would not lower the price and was no longer interested in selling the home. We found out later that because we asked him to pay for repairs (therefore changing the purchase price of the home) he had a right to refuse the contract. We decided not to go further with legalities since it would be extremely costly and and we did not want to deal with a seller who did not want to sell. We are very happy we didn't since we ended up finding our perfect home at the perfect price and had no problems with the seller!

[HomeGuru]

Originally posted by nededog
Illinois

One buyer's contract was voided because he requested some repairs from the seller (this is after a valid, signed sales contract). The seller refused to do the repairs and canceled the entire deal. An attorney said that the request was a new contract and so the seller had the right to reject it.

How can this possibly be right?

My response: yes, any change to an accepted offer makes the offer a counter-offer.

HOMEGURU is wrong - this is not a 'counter offer'

It sounds like you were in the 'inspection' period of your contract which enables you to negotiate with the seller based on an inspection report that you had completed on a property. What this means is that if you believe there to be necessary repairs to the home and ask the seller to do them - They have the option of either fixing them OR telling you NO.

In the event the seller is unwilling to complete the repairs and/or reduce the price accordingly -you have the CHOICE whether or not to proceed. If you believe the repairs to be extensive/critical, RUN LIKE THE WIND from the deal. However, if the repairs are not that costly and you want the home, you have the RIGHT to pay for them yourself. Also, many contracts/sellers would not have a problem if you requested to bring in a contractor to estimate the cost of the repairs. This is a good idea since the seller will need to disclose these repairs in future deals in the event your deal breaks apart.

[HomeGuru]

Once again, Elvis is singing the blues without fully reading and understanding the post.

Homeguru - read a standard residential sales contract for the state of Illinois. If you are capable of reading, you will note that included as a 'standard' part of the contract is an 'INSPECTION PERIOD' in which the purchaser has the opportunity to determine if there are any necessary repairs needed. It is during this PERIOD of time in the contract that a purchaser and seller may negotiate which/if any items will be repaired by the seller.

Obviously, this phrase/clause could be struck from the original sales contract, however, MOST/ALL attorneys I know would NEVER let ANYONE buy a house without a proper inspection report.

You really need to stop posting so many lies on these boards - Its frightening that someone may listen to your advice and cause themselves some harm. It seems like 10 - 15 percent of your posts contain something valid - 50 - 60 percent contain something sarcastic and the rest are completely wrong or full of half truths.

Have a great day - READ A SALES CONTRACT

[HomeGuru]

Originally posted by Elvis
Homeguru - read a standard residential sales contract for the state of Illinois. If you are capable of reading, you will note that included as a 'standard' part of the contract is an 'INSPECTION PERIOD' in which the purchaser has the opportunity to determine if there are any necessary repairs needed. It is during this PERIOD of time in the contract that a purchaser and seller may negotiate which/if any items will be repaired by the seller.

Obviously, this phrase/clause could be struck from the original sales contract, however, MOST/ALL attorneys I know would NEVER let ANYONE buy a house without a proper inspection report.

You really need to stop posting so many lies on these boards - Its frightening that someone may listen to your advice and cause themselves some harm. It seems like 10 - 15 percent of your posts contain something valid - 50 - 60 percent contain something sarcastic and the rest are completely wrong or full of half truths.

Have a great day - READ A SALES CONTRACT

My response: read the writers post again. The contract was valid and signed. There was no mention of a home inspection contingency. Further, if the Seller cancelled due to repairs, the repair issue was not part of the contract. Lastly, the writer already got advice from one attorney.

HOMEGURU - Try this one on for size ... Just because its signed and valid does not mean it does not contain an inspection clause. Furthermore, as noted - standard MLS contracts in Illinois do contain an inspection period in which the buyer/seller have the opportunity to negotiate any needed repairs.

You post things which have no basis and then get all caught illogical responses when pressed. You ought to think about the harm which could be caused by your incorrect responses.

[HomeGuru]

Originally posted by Elvis
HOMEGURU - Try this one on for size ... Just because its signed and valid does not mean it does not contain an inspection clause. Furthermore, as noted - standard MLS contracts in Illinois do contain an inspection period in which the buyer/seller have the opportunity to negotiate any needed repairs.

You post things which have no basis and then get all caught illogical responses when pressed. You ought to think about the harm which could be caused by your incorrect responses.

My response: there is no such thing as a standard MLS real estate purchase and sales contract. MLS is the Multiple Listing Service. There is a State Association/Board of Realtors contract form that the Illinois Realtors and non-Realtors use. Once again, you do not have the correct facts.

HOMEGURU - WAKE UP.

You don't think there exists 'standard' real estate contracts???? WRONG AGAIN -

Real estate brokers in a common association use the same 'standard' contract and have attorney's modify as needed.

You are a joke -

[HomeGuru]

Originally posted by Elvis
HOMEGURU - WAKE UP.

You don't think there exists 'standard' real estate contracts???? WRONG AGAIN -

Real estate brokers in a common association use the same 'standard' contract and have attorney's modify as needed.

You are a joke -

My response: once again ELvis twists the subject.
You stated there are standard MLS contracts.
Read my post again.

HOMEGOORU -
Do you think real estate brokers negotiate 'new' contracts each time they accept/present an OFFER?

Of course they don't - they use STANDARD CONTRACTS and which are then modified/updated as needed.

It sounds like you've never bought/sold any real estate, which is probably due to the fact that you are under 18 and can't legally enter into a contract.

[HomeGuru]

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