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09-23-2003, 07:14 PM
| | Member | | Join Date: Sep 2001
Posts: 162
| | | Two days to closing - problem on walk through
What is the name of your state? Missouri
We are both buying a new house and selling an old one on Thursday. Our buyers have had their inspection, etc. There were a few minor items found on the report, which we never had copy of, which they are now claiming they can leave the contract at this late date due to us not fixing. We NEVER signed an agreement/counter to fix those things. Are we legally up a creek, or are they?
S |
09-23-2003, 07:55 PM
| | Member | | Join Date: Mar 2001 Location: Raleigh, near Central Prison
Posts: 437
| | | There were a few minor items found on the report, which we never had copy of, which they are now claiming they can leave the contract at this late date due to us not fixing.
##When you say 'minor' what is the approximate dollar value?
We NEVER signed an agreement/counter to fix those things. Are we legally up a creek, or are they?
##Are there no contingencies listed in the Offer? Does your real estate agent have a copy of the items found?
S |
09-23-2003, 07:58 PM
| | Member | | Join Date: Sep 2001
Posts: 162
| | | Minor = less than $100
No, the real estate agent has no copy of the report; it was not submitted in the time allowed by law here for "contigency" after inspection. She told us directly that the things found on inspection were NOT legally required of us after that period, since we were not submitted a "counter" after the inspection.
So what is the verdict? |
09-23-2003, 08:13 PM
| | Senior Member | | Join Date: Feb 2003 Location: Oregon
Posts: 1,687
| | | Re: Two days to closing - problem on walk through
Quote: Originally posted by sroutlaw
What is the name of your state? Missouri
We are both buying a new house and selling an old one on Thursday. Our buyers have had their inspection, etc. There were a few minor items found on the report, which we never had copy of, which they are now claiming they can leave the contract at this late date due to us not fixing. We NEVER signed an agreement/counter to fix those things. Are we legally up a creek, or are they?
S |
***No, you should have been notified as to what things the buyer wanted fixed, a copy of those items on the inspection should have been supplied to you, so you could see what needed to be done, and an Addendum should have been drawn up referencing the repairs and signed by all parties all within the inspection period contingency in your contract. Unless, of course, you agreed to make those repairs somewhere in the contract prior to the inspection.***
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Many receive advice, few profit by it......Publilius Syrus |
09-24-2003, 11:54 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,779
| | | Request that your agent take the time and explain the applicable contract contingencies to you. | |
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