TX Home Buying - Inspection Repairs issues

[emm74]

The seller is in breach since they are not doing what they agreed to do under the contract. So most likely you would be able to withdraw from the contract and recover your earnest money. It's unlikely you can compel them to actually do the work although an attorney's letter threatening/explaining that you will withdraw may be enough motivation or maybe they will be willing to renegotiate to keep the deal but you assume responsibility yourself for the unfinished items. I think the latter is your best approach, because even if they grudgingly get the work done, it's going to be the cheapest and shoddiest work they can get away with.

And even if attorneys are not customarily used, this has changed from being a straightforward transaction and you need an attorney to protect your rights here.

[rrah]

Unless title companies work differently in TX, they have no responsibility to mediate in this situation. Most will not provide any legal guidance. In my area many title companies require buyers and sellers to sign a statement indicating they are providing no legal advice. Even if the title company is owned by an attorney they cannot provide legal advice.

The purpose of the title company is to issue title insurance. In my area they also close the sale--meaning documents needed for the sale are signed under the supervision of the title company. The title company also prepares and records deeds. They also record the mortgage documents.

The only people that need to be involved in the conversation is you, the seller, and the attorney(ies).