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Old Yesterday, 12:33 AM
 
8 posts, read 1,027 times
Reputation: 10

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We signed a contract with the seller that stated " Seller to pay for repair costs for the items discovered via inspection" . This is because seller had not done any inspection and only shared the disclosures. During inspection we discovered water in stagnant crawl space and inoperable sump pump (This wasn't disclosed by seller). We had inspection done from licensed people (termite home roof foundation) and found more $15,000 worth section 1 , section 2 and foundation issue, sump pump repair. Now the seller refuses to pay or fix the issue himself. They claim these are cosmetic changes! We have spent more than $2000 on inspection. Please advice what are my options?
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Old Yesterday, 05:14 AM
Status: "No saccharine. No treacle." (set 17 days ago)
 
Location: The Triad (NC)
27,787 posts, read 60,048,689 times
Reputation: 30951
Quote:
Originally Posted by NishiNishi View Post
We signed a contract with the seller that stated...
Who wrote the contract? Who defined the terms and described the contingencies?
Who approved it before you signed and plopped down your earnest money?

Quote:
"Seller to pay for repair costs for the items discovered via inspection" .
Now the seller refuses to pay or fix the issue himself.

Please advice what are my options?
Accept the property "as is" or get your deposit back and move on.
Find a better deal with a better agent (and an attorney).
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Old Yesterday, 07:21 AM
 
Location: Salem, OR
13,854 posts, read 32,214,098 times
Reputation: 12450
So the seller signed a broad "I'll pay for repair costs" in an offer before a home inspection was done?
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Old Yesterday, 08:14 AM
 
Location: NC
6,190 posts, read 7,430,651 times
Reputation: 12465
The seller might argue that the home was still livable with the issues you described. So in his view you could enjoy the same value as he did without any fixes. It would be interesting to see what the law says, so you can sue him then let us know.
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Old Yesterday, 09:26 AM
 
2,464 posts, read 5,073,645 times
Reputation: 4776
Quote:
Originally Posted by NishiNishi View Post
We signed a contract with the seller that stated " Seller to pay for repair costs for the items discovered via inspection" .
If the seller REALLY signed a contract where he had liability for an unlimited amount of repair costs then (1) he was stupid and (2) he's stuck.

Read the contract to make SURE that's what he agreed to. Even if he did, if he balks you would need to sue to get him to go through with the deal on those terms.
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Old Yesterday, 10:09 AM
 
Location: Wasilla, AK
6,631 posts, read 3,651,924 times
Reputation: 13799
This is the Bay Area. If you don't buy it, someone else will. The seller is the one in the better position. He'll find someone who agrees to his terms. You just need to decide on how bad you want this place. And forget all this crap about getting a lawyer and suing. You're out two grand. It's a sunk cost that you'll never get back, because you're the one who wanted a home inspection.
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Old Yesterday, 10:45 AM
 
Location: Rochester, WA
4,572 posts, read 2,522,672 times
Reputation: 12748
Heh.... what seller would sign an open-ended promise to repair anything the buyer finds in inspection?

I mean really? I'd want to see that.


Usually, buyer, if seller refuses to make the repairs you want and refuses to reduce the price.... your options are to buy it anyway as is, or walk away.
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Old Yesterday, 11:27 AM
 
Location: MN
3,047 posts, read 2,783,609 times
Reputation: 2376
First time poster, bet they won't return.
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Old Yesterday, 12:03 PM
 
8 posts, read 1,027 times
Reputation: 10
Yes! Seller did sign a contract which stated "Seller to pay for repair costs for the items discovered via inspections" After we found water in crawl space during inspection and licensed contractors have given more than $15000 to fix the issue. The Seller/seller agent refuses to fix the issue OR pay for the issue OR reduce the price of the house.
Is the seller not accountable for the contract he signed? Looks like he just want to get out the contract and find another buyer.
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Old Yesterday, 12:21 PM
 
8 posts, read 1,027 times
Reputation: 10
Yes, Seller signed the contract before the inspection was done. Coz they seemed to fixed all the issue and nothing will come up in inspection report.. After signing the contract it rained heavily in Bay area and standing water was found in crawl space during inspection. (We found inoperable sump pump in the crawl space and nothing about that was disclosed by the seller )
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