Buyer changed their mind buying my house. Legal?

[Litargo]

I was in contract selling my house in Washington state. After the inspection they asked for things to fix. I agreed to fix almost everything they asked for but not all. They decided to withdraw from the contract. I replied that I am now willing to fix everything but they still terminated.

My moral position is that they changed their mind based on a whim. This caused me incredible damages. Legally, I cannot imaging that just because I sent an update to my reply saying I would fix everything and just because it was a day late that that would allow them to terminate. That just can't be fair/legal. Also, they made some very unreasonable repair requests based on false arguments of the house inspector. For instance I was asked to fix something which didn't exist.

Is there any legal recourse I have to keep their earnest money?

Thanks much

 

[Zigner]

Review your contract.

 

[quincy]

If a purchase offer is made with contingencies (e.g., satisfactory inspection report, obtaining financing, seller repairs), the purchaser can back out of the agreement and the earnest money (generally) must be refunded if the contingency is not met.

Any time there is a counteroffer by a seller to a purchaser's offer, the original purchase offer is no longer valid. The offer by the buyer was not accepted by the seller. The purchaser can back out without penalty at that time.

You appear to have made a mistake in not making or not agreeing to make all repairs needed to pass a second inspection. At least your house will be inspection-ready for the next buyer who comes along.

You can have the purchase offer and inspection report and your counteroffer personally reviewed by a real estate professional in your area to see if there is a provision that would allow you to keep the earnest money but I am not seeing (based strictly on what you have written so far) that you are entitled to it.

Good luck.

 

[adjusterjack]

Legally, I cannot imaging that just because I sent an update to my reply saying I would fix everything and just because it was a day late that that would allow them to terminate. That just can't be fair/legal.

It's legal. Declining to fix everything gave them the option to cancel the sale. They did. Once they did you no longer had a contract. They had no legal obligation to accept your offer of a new contract.

Also, they made some very unreasonable repair requests based on false arguments of the house inspector. For instance I was asked to fix something which didn't exist.

I don't know exactly what you wrote when you accepted some repairs and not others but if all you said was "I'll fix this but not that" without addressing specific items then it's too late to address them now.

For example: "Dear Seller, you asked that the Johnson Rod on my water heater be repaired. There is no Johnson Rod on my water heater. Here is an affidavit from my plumber." You get the idea.

Is there any legal recourse I have to keep their earnest money?

I don't see any entitlement to the earnest money but you are welcome to consult your attorney about it.