Inspection Fee Reimbursement

[tonycarlaw]

This is in the state of Massachusetts.

We made an offer on a home, seller then takes house and off market. Seller few weeks later put home back on market, we make another offer, they countered and we accepted. We buyers e-signed the coutnter, then our realtor scheduled inspection. We paid $450 for inspection, our agent submitted repair request information to seller, then 2 weeks later they take house off market again, and their agent or attorney tells us seller apologizes for any inconvenience and money we spent of inspection.

My question is, since we made and offer, that the seller countered and we accepted, signing it electronically, should they have any liability to pay us back the inspection cost?

Is our case something that we'd have a good chance of winning in small claims court?

 

[adjusterjack]

My question is, since we made and offer, that the seller countered and we accepted, signing it electronically, should they have any liability to pay us back the inspection cost?

Contracts for real estate have to be in writing and signed by both parties to be enforceable.

When you signed the acceptance of the counter offer did you get the sellers signature on the final contract?

If not, then I think you didn't have a contract and shouldn't have ordered the inspection without the seller's signature on the final contract.

Is our case something that we'd have a good chance of winning in small claims court?

Iffy, but it wouldn't cost you much to do it and being served a lawsuit might scare him into paying you rather than go to court.

One more thing, if the realtor (I'm guessing seller's realtor) ordered the inspection without getting a final signature I would include the realtor (for malpractice) as defendant as well as the seller.

 

[justalayman]

When you signed the acceptance of the counter offer did you get the sellers signature on the final contract?

the sellers signature would have been on the counter-offer and all it would require at that point is the buyers signature.

If not, then I think you didn't have a contract and shouldn't have ordered the inspection without the seller's signature on the final contract.

Unless buyer made a counter counter offer, the counter offer, once accepted by the buyer, was an enforceable contract.

. We buyers e-signed the coutnter, then our realtor scheduled inspection. We paid $450 for inspection, our agent submitted repair request information to seller, then 2 weeks later they take house off market again, and their agent or attorney tells us seller apologizes for any inconvenience and money we spent of inspection.

that's all well and good but given it does appear you have an enforceable contract (as long as your e-signature meets any requirements of the law to be a valid signature) and you had paid any earnest money required by the contract to be paid. If you have, due to that, you have a couple options;

1. sue for performance (unless the contract states it is specifically excluded from remedies for a breach)
2. seek damages which would include any and all money spent to date towards the contract.

 

[tonycarlaw]

We originally made an offer, owner couldn't find replacement housing they sought in VT, they then take house off market.

Then their agent tells ours couple weeks later seller apparently found or were close to finding something set in stone in state of VT. So we then made a second offer, they countered, we then accepted and e-signed their counter offer. If their counter had their signature I'm not sure as new to this, just assumed so as they presented us with their counter if our offer and we accepted.

That point our agent submitted to theirs repairs request. Their attorney states they never signed contract that was going through amends both sides, however, it was their counter offer we accepted, their agent telling our apparently it was accepted. Then we get email from their attorney stating seller no longer wishes to further negotiate sale and apologized for any costs we paid I.e. inspection.

Just really confused, even if they didn't sign a purchase and sales, we accepted their counter offer to us, which I would of thought was enough. Well thanks for the replies everyone, I appreciate it.

 

[justalayman]

tonycarlaw;3355913]We originally made an offer, owner couldn't find replacement housing they sought in VT, they then take house off market.

unless that was a specified contingency in the contract, it comes down to; so what.

Then their agent tells ours couple weeks later seller apparently found or were close to finding something set in stone in state of VT. So we then made a second offer, they countered, we then accepted and e-signed their counter offer. If their counter had their signature I'm not sure as new to this, just assumed so as they presented us with their counter if our offer and we accepted.

once there is a counter offer, the original offer is irrelevant. While people speak of counters and such, the fact is, each is a new and unassociated offer to any other offer. Each counter is a rejection of the original offer where as the original offer is no longer valid in any way.

So, the bottom line is; did they sign their counter offer (actually, their latest offer)? If so, it would be a binding contract as long as any requirements of the e signature were met. I have not delved into it too far but the requirements are very minimal.

Just really confused, even if they didn't sign a purchase and sales, we accepted their counter offer to us, which I would of thought was enough. Well thanks for the replies everyone, I appreciate it.

it will all come down to whether they actually made a formal (counter) offer or not. A contract MUST be in writing and for their (counter) offer to be valid, it would have to be signed by them; was it? that is the key question at this point.

If their offer was not signed, then YOUR agent appears to be remiss in ordering an inspection and that is who you would seek repayment from. The seller would have no obligation in that case.

If they had signed their (counter) offer, then you need to make sure there was no contingency that allowed the termination of the contract. If there wasn't, then the sellers could be held liable for your expenses.

 

[adjusterjack]

That point our agent submitted to theirs repairs request.

OK, let's assume that you have an enforceable contract.

Now, you have to read the contract to see what options the seller had when you requested repairs.

Many real estate purchase contracts give a seller the option of withdrawing if requested repairs exceed a certain amount.

If that's the case then, no, you aren't entitled to your inspection expenses.