Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
If you're financing the purchase, will the lender require this to be remediated? It's happened to me in the past with foreclosures- it's not a huge issue to fix and fairly simple but it is still something to think about.
First, it sounds like the listing agent is getting in the way, not the seller. If you want to ask for repairs, whatever you submit in writing, the listing agent will have to submit to the seller. More than likely, the seller doesn't want to see you walk and will work something out.
Second, why didn't you ask the title company for wiring instructions? I work with a lot of relocation buyers and I have them wire their earnest money so checks don't have to be sent or left or anything complicated. Wires are fast and easy. Remember that if you move on to another house.
Third, there is no "customary" earnest money. Everything is negotiable. Maybe the seller had a bad experience last time he sold a house so he wanted a little more. You probably can't put that on the listing agent. Sellers want to cover themselves just like a buyer wants to cover themselves.
Fourth, In Texas, time frames aren't "allowed" so what does it matter you were given more than 5 minutes to make a decision. Putting time frames in an offer or counter is considered practicing law here, so time frames are ignored when put in, which is very seldom, usually a new agent who doesn't know better. It shouldn't take 19 hours much less 24 hours to make a decision for a response. You should know going into your initial offer what you'll accept and what you won't and how you'll respond to a seller's response. You don't offer willy-nilly and not expect counter responses.
Bottom line, as I said in my original response to you, why would you walk without asking?
Hi, I had looked at a house and there was a "hump" and then spongy area on the newly laid laminate flooring. I told my agent that I was concerned what was underneath there! Water damage or termites??? Poor job of putting the laminate down. There were no disclosures by the seller. She lives out of state. I questioned about if she was told anything about the floor by the contractor she had hired. Looks real funny to me! Anyway, can't prove anything. I signed a contract with the seller. I made sure my agent knew about my concern about the floor. On the contract it stated that the seller would hire a contractor to fix the floor. I had already told my agent that the seller had already had someone fix it and it was not done right so I would rather get at least 3 bids and then have the average of those three deducted from the purchase price of the house. Next thing I know, my agent tells me there is bad news. The seller states that there is something wrong with the title and is pulling the sale off the market, which has been done. I can't help but wonder...is the seller lying? And my agent keeps telling me how much money this seller has all ready put into the property!! I know but...this could be a very serious problem and before it can be sold, should it not be fixed esp. since it might be termites? My agent did not seem to be acting like a buyer's agent. I am NOT being unfair..unreasonable. I can't help but think that that contractor let the seller know what was going on with the floor and the seller told the contractor to go ahead and cover it up hoping no one would be the wiser. I don't know...heeeeeeeeeeeeelp!!! And can the seller just up and decide NOT to no longer sell the house even though we both have signed a contract on the house? I want to call the title company and see if there is indeed a problem with the title--- is the seller lying? But my agent states I and she cannot do that. What to do....???
If you change the contract by insisting they pay you some money to fix something, you're opening the door to the situation you have now.
Telling your agent means nothing. They aren't the seller. You should insure that you have verified communications. That means if your tell you agent to tell the seller something, you put what you tell you agent to do in writing.
When push comes to shove, it is amazing how many people can get amnesia at the same time.
IF you really do have a signed contract and wish to go ahead with the sale, you can force the sale. But is that what you want since you've decided that there are termites in the floor? What did your inspection uncover?
If you don't want to let the seller out of the contract, you'll have to hire an attorney to bring suit. And since there may be a problem with the title, you may not get clear ownership. Is this really what you want?
Best thing you can do is move on looking for another house. Sounds like your contract might have been termed differently than you want on repairs.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
