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HELP my mother is dealing with the sellers from h*ll

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ILoveMyCello

Junior Member
What is the name of your state (only U.S. law)? OH-IO

Help, my mother is dealing with the sellers from h*ll.

Really, the person at fault is their agent for giving them bad advice (they are a very elderly Asian couple). Many things have happened up to this point. She tried to walk away many times, but when she would walk, they would call back crying and begging and eventually agreeing with her price/stipulations/whatever. They also came to my place of employment and questioned me regarding my faith.
Midway through negotiations and many addendums, the sellers ADDED a stipulation of "condo is being sold AS IS". My mom added to it "buyer negotiates the right to walk away from sale due to home inspection". This was agreed upon by both parties.
Home inspection was done by a licensed and reputable home inspector. My mom made a list of things she wanted fixed and this was signed off by sellers. They sent a copy of a receipt to us to prove this work was done, however IT WAS IN THE WIFE'S HANDWRITING AND NO BUSINESS WAS LISTED. Sellers agent sent my mom another addendum which said that the home inspector was wrong about four things listed on the report. Mom refused to sign it until we did another walkthrough which we did today, and it proved that nothing on the list was completed.


So my question is, can the sellers keep her $500 of earnest money if my mom chooses to walk? Are the sellers at fault legally for not completing these repairs? Will my mom be held liable if she chooses to walk?
 


justalayman

Senior Member
you need to have the contract, including all of the addenda read by an attorney who can advise you. Even using your brief statements from the contract, it is not possible to determine if she still has a right to rescind the contract.

just to toss out a possibility; unless the repairs were specifically agreed to be done some time prior to closing, as long as they are done by closing, the demand would be fulfilled. That means, unless there was a specified date for the repairs to be completed by, your mother does not have a right to walk due to the situation described without losing her earnest money.

Also, be warned that the seller may have a claim to more than just the earnest money. Without reading the contract in its entirety, there is no way to know for certain.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? OH-IO

Help, my mother is dealing with the sellers from h*ll.

Really, the person at fault is their agent for giving them bad advice (they are a very elderly Asian couple). Many things have happened up to this point. She tried to walk away many times, but when she would walk, they would call back crying and begging and eventually agreeing with her price/stipulations/whatever. They also came to my place of employment and questioned me regarding my faith.
Midway through negotiations and many addendums, the sellers ADDED a stipulation of "condo is being sold AS IS". My mom added to it "buyer negotiates the right to walk away from sale due to home inspection". This was agreed upon by both parties.
Home inspection was done by a licensed and reputable home inspector. My mom made a list of things she wanted fixed and this was signed off by sellers. They sent a copy of a receipt to us to prove this work was done, however IT WAS IN THE WIFE'S HANDWRITING AND NO BUSINESS WAS LISTED. Sellers agent sent my mom another addendum which said that the home inspector was wrong about four things listed on the report. Mom refused to sign it until we did another walkthrough which we did today, and it proved that nothing on the list was completed.


So my question is, can the sellers keep her $500 of earnest money if my mom chooses to walk? Are the sellers at fault legally for not completing these repairs? Will my mom be held liable if she chooses to walk?
I absolutely would recommend that your mother get a quick consult with a local real estate attorney about the contracts and addendums she has signed. She honestly may want to consider walking away from this purchase even if she doesn't get her ernest money back.
 

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