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I have a home for sale for 1 year now and I got an offer!!!
The buyer agreed on the price and we are out of the Attorney Review.
But now the buyer had the inspection done and she is requesting
too many items that I disagree on that that b&*h wants fixed!!
I know my home was build in 1957 and it is old and needs some work but
I can't pay for all that they are requesting!!!
My contract states (that the buyer signed) the home is being sold in "AS IS" condition!!! Some idiot put in my contract some retarded inspection contingency clause saying that the if the buyer and seller cannot agree on the requested corrections on the home, then the buyer has the right to void the contract!! That can't be legal!!!
She can't get out of this, I won't let her, I'm not going to fix what she wants done just because of some STUPID inspection retarded guy found out some stuff that is not slightly working or is slightly broken with my home!!! I'm not going to let her out of this!!!
There is no chance she can get out of this because of some retarded inspection idiot, because I have to sell this home at this time in my life!!!
Any thoughts?
Veronica "Barbie" McCann
Buffalo, NY
Last edited by theprofessionalnyc; 12-24-2011 at 01:37 PM..
My contract that the buyer signed states that the home is being sold in "AS IS" condition,
but there is a inspection contingency clause staying that the if the buyer and seller cannot agree
on the requested corrections on the home, then the buyer has the right to void the contract!!
Any thoughts?
Negotiate on the money needed to do the work or somehow doing the work itself
(I'd prefer the former)... or return their earnest money and then look/wait for another buyer.
Negotiate on the money needed to do the work or somehow doing the work itself
(I'd prefer the former)... or return their earnest money and then look/wait for another buyer.
hth
Over my dead body will she get that earnest money back.
Did you miss the part where I said the contract says "AS IS"????
Last edited by theprofessionalnyc; 12-24-2011 at 01:37 PM..
Did you miss the part where I said the contract says "AS IS"????
Did you miss the part where some idiot allowed an inspection contingency clause into an "as is" sale contract?
Perhaps next time the contract writer will use a phrase like "informational purposes only" and get a larger deposit.
(of course those will be sure to come with a lower offer price)
Last edited by MrRational; 12-24-2011 at 02:02 PM..
Look it sounds like you need to get out of the house but it also sounds like you can care less what the buyers will have to fix when they move in. The inspection is ment to get the full picture on the house. Going into the house, the buyers are focused on the vision of living in the house, not if everthing works or not.
The buyers should be able to walk with your deal no problem, even if that clause was not in they have the right to know what problems your house is hiding.
Wow!! I'm glad I'm not buying my place from you. You sound very angery, it's a buyers market Barbie!! Lower your listing price or roll up your sleeves and fix some of these "slightly broken items" then go find a new buyer.
You cannot know all of the issues with an "as is" house until after an inspection has been done. That is why even these houses have an inspection contingency. The buyer then usually just decides yes or no. They can ask for repairs, but it is wiser to negotiate the price down for something major that is wrong and it should only be done if it is a major issue. It is perfectly legal and fair for a contract to be written this way. In other words, the contingency is to allow them to give the house a good looking over to decide if they want it "as is" or not. If you read the contract carefully it is likely written for them to get the earnest money back if they cancel during the inspection period. What does it say there?
My other thought is that only the most rude people use the word retarded in ever other sentence they say.
Over my dead body will she get that earnest money back.
Did you miss the part where I said the contract says "AS IS"????
Your contract says "As Is" and once the buyer discovered what "AS IS" was he decided he didn't want your house anymore and according to your contract he can get his earnest money back.
The "retarded inspection contingency" is common in almost every single home purchase contract. Even the most buyer hostile contracts mostly written by banks that are selling foreclosures have this contingency.
If the contingency is in the contract then you owe it back. It's likely that your attorney is holding the money so whether you like or not he will return it(because he must), or if you have it or your attorney isn't too bright you will be sued for it.
Some idiot put in my contract some retarded inspection contingency clause saying that the if the buyer and seller cannot agree on the requested corrections on the home, then the buyer has the right to void the contract!! That can't be legal!!!
The better question is, why would you sign a contract with an inspection contingency for an "as is" sale? You should have declined the offer.... and asked for a new offer without the inspection clause. They buyer could have done his inspections prior to making an offer.
The better question is, why would you sign a contract with an inspection contingency for an "as is" sale? You should have declined the offer.... and asked for a new offer without the inspection clause. They buyer could have done his inspections prior to making an offer.
This.
When you signed the contract with the inspection contingency, you were agreeing to let the buyer and out if they were not satisfied with the results of the inspection. It all goes back to the contract. The buyer will be entitled to their deposit back.
Just put yourselves in their shoes. Does it make any sense?
I bought an "as is" house with an inspection clause. To me as is meant that I KNEW the buyer would NOT fix anything the inspection found, BUT it allowed me to back out if I found that needed work was too much for me. If your buyer thinks that needed work is too much for them, then they can back out, you are under no obligation to negotiate. If they move on then you lose the sale though. I bought during a sellers market, but its a buyers market now.
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