Realtor saying I have to buy the house

[LdiJ]

You are wrong, Ld. Just admit it. OP is in OHIO. OHIO law controls and you are completely wrong.

Ok, I was commenting on a case that Quincy cited. I was not trying to say that it was good law for Ohio.

When I get a chance I will read that whole case. I have a client coming in now so I cannot.

 

[Ohiogal]

Ok, I was commenting on a case that Quincy cited. I was not trying to say that it was good law for Ohio.

When I get a chance I will read that whole case. I have a client coming in now so I cannot.

OP is located in Ohio and therefore what matters is Ohio caselaw. I quoted the holding of the relevant case which has not been overturned or treated negatively. I quoted what the appellate court stated regarding forcing the buyer purchase. OP needs an attorney to review to see if their is ANY hope that the condition precedents have not been met. Because if they have, then congrats -- he just bought a house and needs to follow through. Or he can find himself being forced to follow through AND paying interest for every day he delays.

 

[Ohiogal]

It is almost 5pm my time and you still haven't admitted you are wrong, LDIJ. Why not? I proved you are wrong and what I was stating. OP can definitely be forced to specifically perform. It has happened in Ohio.

 

[LdiJ]

It is almost 5pm my time and you still haven't admitted you are wrong, LDIJ. Why not? I proved you are wrong and what I was stating. OP can definitely be forced to specifically perform. It has happened in Ohio.

I cannot find it to read it. Have you got a link?

 

[Ohiogal]

I cannot find it to read it. Have you got a link?

I have posted the cite and posted the holding. I can't let you into the page I used as it is a paid site. The point is, you were wrong.

 

[grabowski68]

Wrong. I am talking about forcing a buyer to buy a home when all the contingencies had been met.

So basically you are saying the same thing my realtor is saying in that the inspector says everything is good and my opinion and concerns do not matter. The inspector calls the shots. I signed an offer sheet, house passed inspection and now I'm liable, even though I saw leaks and water, the inspector said this is normal and it's time to buy. Why would anybody sign an offer sheet ever?

 

[I'mTheFather]

So basically you are saying the same thing my realtor is saying in that the inspector says everything is good and my opinion and concerns do not matter. The inspector calls the shots. I signed an offer sheet, house passed inspection and now I'm liable, even though I saw leaks and water, the inspector said this is normal and it's time to buy. Why would anybody sign an offer sheet ever?

No, this is what she said:

I will say I have forced the issue of compliance with a contract. So hire your own inspector. If they say there is not an issue, then you may have to comply if everything is met. Changing your mind is not a good enough reason to get out of a contract -- though if you can prove issues, that strengthens you getting out of the contract.

This will depend on how your contract is written. Fortunately, you have an appointment with an attorney tomorrow, so you'll have a better idea after meeting.

 

[grabowski68]

No, this is what she said:



This will depend on how your contract is written. Fortunately, you have an appointment with an attorney tomorrow, so you'll have a better idea after meeting.

Yes it will be interesting to say the least.

 

[I'mTheFather]

I'm sure you already know this, but just in case, make sure you take the sales contract/offer sheet and the inspector's report to the attorney.

 

[LeeHarveyBlotto]

Question: Does the fact that it appears that the seller's disclosure was likely not truthful come into play?

 

[STEPHAN]

If the inspector found nothing major how should the disclosure be wrong?

 

[LeeHarveyBlotto]

If the inspector found nothing major how should the disclosure be wrong?

The disclosure is a seller's document. It is not the same as the inspector's report. If there is water in the basement under normal Ohio weather conditions, the seller would be required to disclose it.

 

[quincy]

Question: Does the fact that it appears that the seller's disclosure was likely not truthful come into play?

Here from the Ohio Association of Realtors is a comprehensive look at the law and Ohio case law as they relate to the seller's disclosure of defects: http://ohiorealtors.org/legal/topics/disclosure-issues/

Whether the disclosure form comes into play or not depends on the facts.

grabowski should have met with his attorney and, with luck, where he stands legally is now better known to him.



As an additional note to Ohiogal: Thank you for locating the Ohio cases. I could not find any with my brief research. The original link I provided from the Ohio Association of Realtors, however, did indicate that specific performance was a remedy available in Ohio.

 

[grabowski68]

Met with a real estate attorney. He said under no circumstance will I be forced to buy the house. The worst case scenario he said is that if the house would sell in the future for less than what I offered that I could be sued for the difference. He said that is very rare and I really have nothing to worry about, that he would send a letter to the realtor and explain I am not interested in buying the house do to moisture in the basement. When I got home I noticed my realtor had sent me an email and it is a release form, the seller does not want to repair the things I asked for, The realtor let me know how lucky I am because I had no proof those things (including the basement) needed fixed. I sent the form to my lawyer to be sure it was legit, lawyer said yes. So I signed the release form and sent it back. As long as the seller signs, this could be over. And a lot of lessons learned by me

 

[LdiJ]

Met with a real estate attorney. He said under no circumstance will I be forced to buy the house. The worst case scenario he said is that if the house would sell in the future for less than what I offered that I could be sued for the difference. He said that is very rare and I really have nothing to worry about, that he would send a letter to the realtor and explain I am not interested in buying the house do to moisture in the basement. When I got home I noticed my realtor had sent me an email and it is a release form, the seller does not want to repair the things I asked for, The realtor let me know how lucky I am because I had no proof those things (including the basement) needed fixed. I sent the form to my lawyer to be sure it was legit, lawyer said yes. So I signed the release form and sent it back. As long as the seller signs, this could be over. And a lot of lessons learned by me

I am glad to hear that. I hope that you do not use that realtor in the future, because, in my opinion, he is less than honest...and definitely do not use that inspector again. The inspection report should be factual and list details, not purely opinion.