A
abfabcub
Guest
We are in Georgia.
We have signed a Purchase And Sale Agreement and the Binding Agreement Date is August 30, 2001, at 4:47 PM. Section 7 "Termite Letter" says that an official Georgia Wood Infestation Report is not attached (is not is checked). If the report is not attached, Seller shall provide such a report to buyer within five (5) days from the Binding Agreement Date. Buyer shall have the right to terminate this Agreement within eight (8) days from the binding agreement date if either of the following events occur: (a) the report is not timely provided to Buyer; or (b) the report provided after the Binding Agreement Date indicates present infestation of, or damage to, the Property from termites or other wood destroying organisms. If Buyer does not timely give seller notice of Buyer's decision to terminate this Agreement, Buyer's right to terminate the Agreement pursuant to this paragraph shall be waived.
As of September 6th, I have received no termite inspection report. I called the Real Estate lady and told her that we have decided not to buy the house because they still have not given me a termite letter. We have been told that she had one on file in her office, that she thinks she has one at her office, that she doesn't know if she has a copy at her office, and then finally that the Sellers have not furnished her with a copy. I also told her that on the September 7th, it would be my last chance to do anything about it, and so, that is why I was telling her on the 6th. We had also found out other things about the house concerning the electricity (outdated equipment and very high bills) by going to the electric company and pulling a years worth of billing. Also, all of the plumbing is buried in a concrete slab, and the house has very little insulation. The last three things are things that we told her we didn't like about the house but I clearly told her that we were terminating the agreement because we have not received a termite report within five days of the binding agreement date. We were about to have our home inspector come and do his inspection, but decided that it was not necessary since we had decided to terminate the agreement because the termite report. She then told me that she would have to talk to her broker and the seller to decide what she is going to do about it. I asked who her broker was and she said it was the owner or her company and she also mentioned that she had not deposited the Earnest Money checks yet. Later that afternoon she called and left a message saying that she had a form for us to sign (that would also have to be signed by the sellers) so that she could get things underway for us to get our Earnest Money back and that she would leave the form in her mailbox.
The form she left us was an "Amendment To Remove Inspection Contingency." This form is dated on September 4th (I called her on the 6th) and the Binding Agreement Date is listed as August 31 instead of the 30th (which is on our purchase and sale agreement). It says:
Whereas, pursuant to the terms of the Agreement, Buyer or an inspector of Buyer's choice has made a diligent, prudent and competent inspection of the Property; and
Whereas, Buyer is furnishing to Seller a copy of the inspection report of the Property with this Amendment.
Now, therefore, for and in consideration of the sum of One Dollar and other valuable considerations paid by each to the other, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to modify and amend the aforementioned agreement as follows:
1. The right to request repairs contingency set forth in the aforementioned "Inspection Of Property" paragraph is hereby deleted.
2. Seller agrees to repair or replace the following items on or in the Property prior to the closing date "Closing Date" paragraph of the agreement.
(The next part has been typed in)
Due to the following unacceptable conditions, we wish to withdraw our contract.
1. Pipes are cemented into concrete as a new purchaser we are unable to access pipes. This is detrimental because if there were leaks we would not be able to fix or repair.
2. Heat and air system seem to be operating at an unacceptable efficiency level.
3. Termite letter was unavailable.
Sorry that was so long but I wanted to make sure you could see everything since I cannot seek advice in person. I clearly told her that we were not buying the house because of the Termite Letter paragraph and that we had not received one. We also told we did not have a home inspector come since we were not buying the house. I don't really understand what my rights would be if I sign the Amendment she provided. The termite letter paragraph should have nothing to do with the Inspection paragraph.
Do we have to sign anything before she returns our Earnest Money?
Do I need to be concerned about the wrong dates on this Amendment?
Should I even be signing and amendment telling the to fix things before the closing date?
Also, the amendment says I'll provide and inspection report.
Was telling her over the phone on September 6th (over 5 days from the binding agreement date) that I am not buying the house because I have not received a termite letter sufficient?
Please help, and advice you have would be appreciated.
We have signed a Purchase And Sale Agreement and the Binding Agreement Date is August 30, 2001, at 4:47 PM. Section 7 "Termite Letter" says that an official Georgia Wood Infestation Report is not attached (is not is checked). If the report is not attached, Seller shall provide such a report to buyer within five (5) days from the Binding Agreement Date. Buyer shall have the right to terminate this Agreement within eight (8) days from the binding agreement date if either of the following events occur: (a) the report is not timely provided to Buyer; or (b) the report provided after the Binding Agreement Date indicates present infestation of, or damage to, the Property from termites or other wood destroying organisms. If Buyer does not timely give seller notice of Buyer's decision to terminate this Agreement, Buyer's right to terminate the Agreement pursuant to this paragraph shall be waived.
As of September 6th, I have received no termite inspection report. I called the Real Estate lady and told her that we have decided not to buy the house because they still have not given me a termite letter. We have been told that she had one on file in her office, that she thinks she has one at her office, that she doesn't know if she has a copy at her office, and then finally that the Sellers have not furnished her with a copy. I also told her that on the September 7th, it would be my last chance to do anything about it, and so, that is why I was telling her on the 6th. We had also found out other things about the house concerning the electricity (outdated equipment and very high bills) by going to the electric company and pulling a years worth of billing. Also, all of the plumbing is buried in a concrete slab, and the house has very little insulation. The last three things are things that we told her we didn't like about the house but I clearly told her that we were terminating the agreement because we have not received a termite report within five days of the binding agreement date. We were about to have our home inspector come and do his inspection, but decided that it was not necessary since we had decided to terminate the agreement because the termite report. She then told me that she would have to talk to her broker and the seller to decide what she is going to do about it. I asked who her broker was and she said it was the owner or her company and she also mentioned that she had not deposited the Earnest Money checks yet. Later that afternoon she called and left a message saying that she had a form for us to sign (that would also have to be signed by the sellers) so that she could get things underway for us to get our Earnest Money back and that she would leave the form in her mailbox.
The form she left us was an "Amendment To Remove Inspection Contingency." This form is dated on September 4th (I called her on the 6th) and the Binding Agreement Date is listed as August 31 instead of the 30th (which is on our purchase and sale agreement). It says:
Whereas, pursuant to the terms of the Agreement, Buyer or an inspector of Buyer's choice has made a diligent, prudent and competent inspection of the Property; and
Whereas, Buyer is furnishing to Seller a copy of the inspection report of the Property with this Amendment.
Now, therefore, for and in consideration of the sum of One Dollar and other valuable considerations paid by each to the other, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree to modify and amend the aforementioned agreement as follows:
1. The right to request repairs contingency set forth in the aforementioned "Inspection Of Property" paragraph is hereby deleted.
2. Seller agrees to repair or replace the following items on or in the Property prior to the closing date "Closing Date" paragraph of the agreement.
(The next part has been typed in)
Due to the following unacceptable conditions, we wish to withdraw our contract.
1. Pipes are cemented into concrete as a new purchaser we are unable to access pipes. This is detrimental because if there were leaks we would not be able to fix or repair.
2. Heat and air system seem to be operating at an unacceptable efficiency level.
3. Termite letter was unavailable.
Sorry that was so long but I wanted to make sure you could see everything since I cannot seek advice in person. I clearly told her that we were not buying the house because of the Termite Letter paragraph and that we had not received one. We also told we did not have a home inspector come since we were not buying the house. I don't really understand what my rights would be if I sign the Amendment she provided. The termite letter paragraph should have nothing to do with the Inspection paragraph.
Do we have to sign anything before she returns our Earnest Money?
Do I need to be concerned about the wrong dates on this Amendment?
Should I even be signing and amendment telling the to fix things before the closing date?
Also, the amendment says I'll provide and inspection report.
Was telling her over the phone on September 6th (over 5 days from the binding agreement date) that I am not buying the house because I have not received a termite letter sufficient?
Please help, and advice you have would be appreciated.