03-16-2010, 12:46 PM
7 posts, read
23,430 times
Reputation: 10
Hello, I made a sale contract on a house with few appliances in Kansas. I paid $2000 as earnest money deposit. As per the contract, I have 10 days to do an inspection on the house and appliances. During inspection, I found the appliances are not in an acceptable condition and the inspector also found some repairs to be done. I asked the professional inspection company to include this in their inspection report, but they did not include that as they are not authorized to certify appliances. Also the carpet looks too bad and it was giving squeaky sounds when we walk on that. I submitted Offer to renegotiate and asked the seller to pay $3800 towards the closing cost and do all the other repairs that the professional inspectors have documented. Seller rejected the offer. Then I asked to pay $2000 which was also rejected by the seller. So I decided to walk out of the contract. As per contract, there is no specific condition which is called as "What is NOT an Unacceptable condition". It has "N/A" for that. The seller has accepted to cancel the contract but not ready to release the Earnest deposit from the Escrow account. Is there anything I am doing against the rules here? Am I eligible to get back my earnest money? Please advice..
Last edited by kshomebuyer; 03-16-2010 at 12:47 PM ..
Reason: Formating issue
03-16-2010, 12:52 PM
Location: Kansas
3,855 posts, read
13,223,598 times
Reputation: 1734
They will probably do whatever they can to keep the $2k.
03-16-2010, 12:56 PM
7 posts, read
23,430 times
Reputation: 10
I have filed a case in small claims as per the real estate agent's advice. Is there a possibilty for me to win the case and get back my $2k? I am not sure how I should present my case there to impress the Judge. Please let me know if you have any advice.
03-16-2010, 01:20 PM
29,981 posts, read
42,766,727 times
Reputation: 12828
Quote:
Originally Posted by
kshomebuyer
Hello, I made a sale contract on a house with few appliances in Kansas. I paid $2000 as earnest money deposit. As per the contract, I have 10 days to do an inspection on the house and appliances. During inspection, I found the appliances are not in an acceptable condition and the inspector also found some repairs to be done. I asked the professional inspection company to include this in their inspection report, but they did not include that as they are not authorized to certify appliances. Also the carpet looks too bad and it was giving squeaky sounds when we walk on that. I submitted Offer to renegotiate and asked the seller to pay $3800 towards the closing cost and do all the other repairs that the professional inspectors have documented. Seller rejected the offer. Then I asked to pay $2000 which was also rejected by the seller. So I decided to walk out of the contract. As per contract, there is no specific condition which is called as "What is NOT an Unacceptable condition". It has "N/A" for that. The seller has accepted to cancel the contract but not ready to release the Earnest deposit from the Escrow account. Is there anything I am doing against the rules here? Am I eligible to get back my earnest money? Please advice..
Failing to release the $$ from escrow will keep the Seller from being able to accept other offers on their home, in good faith. This is a huge red flag for future potential buyers and a material fact of the property which the listing broker must disclose to any parties who may bring an offer until such a time that the issue is settled.
If on the Seller's disclosure the appliances/carpet were represented to be in good working order, even though the inspection company will not comment, you did actually discover "unacceptable conditions" during the inspection period.
Giving written notice of "unacceptable conditions", the failure to resolve "unacceptable conditions" within the agreed contractual time frame, the cancellation of the contract, along with the return of earnest $$, is very clear if you were using a contract approved by the Kansas Board of Realtors.
Be certain, as you pursue this matter to keep impecable records in writing of the timeline for court and be certain to sue the Seller for your legal costs in addition to the return of your earnest $$.
You are fortunate that the earnest $$ is being held in an escrow account that is bound by state law rather than having made it out directly to the Seller! It might be prudent, over-kill but prudent, to submit a copy of the filed pending suit for the return of the earnest money to the administrator of the escrow account. Generally there is a contract form which requires the signature of both the Seller and the Buyer before earnest money can be released. Your Buyers Agent should be able to assist you with this. If not, hire a RE attorney.
Good Luck!
03-16-2010, 01:49 PM
Location: Kansas
3,855 posts, read
13,223,598 times
Reputation: 1734
^Very sound and knowledgable advice.
03-16-2010, 03:54 PM
7 posts, read
23,430 times
Reputation: 10
Thanks for the advice.. I see seller has already SOLD the house, this issue did not stop him from the selling the house.
03-18-2010, 10:29 AM
Location: Kansas
3,855 posts, read
13,223,598 times
Reputation: 1734
03-18-2010, 10:29 AM
1,662 posts, read
4,475,473 times
Reputation: 539
Quote:
Originally Posted by
kshomebuyer
Thanks for the advice.. I see seller has already SOLD the house, this issue did not stop him from the selling the house.
Since the house sold anyway, you might try contacting the seller and asking nicely for $1,800 of your money back. Let him keep $200 for his trouble, but obviously it wasn't much because he did sell the house, and maybe you can avoid going to court altogether.
Maybe I am just naive, but I think you can get further in life by being civil, nice, and understanding than by being adversarial.
Life's too short ...
03-18-2010, 10:30 AM
1,662 posts, read
4,475,473 times
Reputation: 539
Quote:
Originally Posted by
drjones96
And consistent advice to both!
03-20-2010, 12:35 AM
Location: KANSAS
8 posts, read
16,360 times
Reputation: 10
A person who represents themself in a Court of Law, has a Fool for a Client! Unless, You have personal knowledge and experience in R. E. Law, you would be Well Advised to seek council on this matter. I have noticed the sellers post on this same contract dispute here. Kansas has a three day right to rescind in contractural law, You may be out of statutory limitations by now. Most R.E. Law Firms will give you a free consultation. Search around, there are quite a few to choose from. Good Luck!
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House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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