Unrealistic sellers & our earnest deposit...

[Katietwin]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? IN

We are prospective buyers, and have a closing scheduled on June 30. We had an inspection in which a few "major concerns" were noted that have to do with electrical issues, and several "repairs" were called for, that may or may not be major. We asked that they repair the items which were categorized as "major" pre-close, BY A LICENCED CONTRACTOR - receits to be given at closing. For the other items, I asked if we could have an expert in to evaluate them, and determine whether repairs were necessary, and if so, how much would they cost. Seller responded within 3 days, over a holiday wkend, that several of the items we requested had been "fixed by seller" - and further, that any cost for the other items cited would NOT be assumed by the seller, as they'renot "Major structural defects". So, we find out that he did NOT hire anyone, he did the work himself - so right there he has sidestepped our conditions, and now we have to get another inspection to make sure he did not screw things up...somehow this guys feels being an auto motive engineer means he is qualified to re-wire electrical outlets to code, and fix the roof too.

Note: The issues I wanted further evaluation on were at the urging of my brother, a licensed & experienced contractor & home builder in CA - who has 25 yrs of experience. They have to do w/ foundation leaking, mold, mortar being decrepid, no weep holes in brick veneer, etc. The estimate for the repairs was about $1K.

My realtor (a seller's realtor btw), is telling me that if the sellers refuse to repair these things, and we walk - we will not get our earnest $ back - we'll have to go to court, and "maybe we'll get half, so we'll be out the thousand bucks either way".

How can we not get the earnest $ back, when our contract says that the sale is contingent on repairs being made to our satisfaction? Also, seller indicated no knowledge of leaks in the foundation, when the inspection revealed & included a pic of just such a leak - yet, even AFTER viewing the report, they refused to seal it, and referenced the discolsure doc, saying they had "no knowledge of leaks".

If they refuse to repair this stuff, AND try to keep our earnest $, how can we be sure to get it back??? Is this realtor just trying to get me to soften by scaring me w/ stories of losing our deposit??

[HomeGuru]

Originally Posted by Katietwin

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? IN

We are prospective buyers, and have a closing scheduled on June 30. We had an inspection in which a few "major concerns" were noted that have to do with electrical issues, and several "repairs" were called for, that may or may not be major. We asked that they repair the items which were categorized as "major" pre-close, BY A LICENCED CONTRACTOR - receits to be given at closing. For the other items, I asked if we could have an expert in to evaluate them, and determine whether repairs were necessary, and if so, how much would they cost. Seller responded within 3 days, over a holiday wkend, that several of the items we requested had been "fixed by seller" - and further, that any cost for the other items cited would NOT be assumed by the seller, as they'renot "Major structural defects". So, we find out that he did NOT hire anyone, he did the work himself - so right there he has sidestepped our conditions, and now we have to get another inspection to make sure he did not screw things up...somehow this guys feels being an auto motive engineer means he is qualified to re-wire electrical outlets to code, and fix the roof too.

Note: The issues I wanted further evaluation on were at the urging of my brother, a licensed & experienced contractor & home builder in CA - who has 25 yrs of experience. They have to do w/ foundation leaking, mold, mortar being decrepid, no weep holes in brick veneer, etc. The estimate for the repairs was about $1K.

My realtor (a seller's realtor btw), is telling me that if the sellers refuse to repair these things, and we walk - we will not get our earnest $ back - we'll have to go to court, and "maybe we'll get half, so we'll be out the thousand bucks either way".

How can we not get the earnest $ back, when our contract says that the sale is contingent on repairs being made to our satisfaction? Also, seller indicated no knowledge of leaks in the foundation, when the inspection revealed & included a pic of just such a leak - yet, even AFTER viewing the report, they refused to seal it, and referenced the discolsure doc, saying they had "no knowledge of leaks".

If they refuse to repair this stuff, AND try to keep our earnest $, how can we be sure to get it back??? Is this realtor just trying to get me to soften by scaring me w/ stories of losing our deposit??

**A: I read and I left.

[BradleyS]

Small claims court......(hopefully the earnest money is under the limit)...

Don't listen to the real estate agent......

Explain your case to the Judge......

As long as your request were in writing and accepted by the seller, lady justice should be on your side.....and you'll get your earnest money back....without any appeal from the seller, of course.

Judge will sign an order to have the earnest money released.