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Sorry Bob... I just don't understand what is happening well enough to advise!
It does sound like a situation which isn't going to be fixed by Thursday. So I guess if that is your inspection response deadline where you can still get out without a battle, and this is how it's likely to keep going, I might cut your losses and find a different house that don't have weird things happening to it, unwitting or not!
I wondered about a couple details though. I am in a contract and I am the buyer. I have to give my inspection response in a few days. If I ask for price reduction can they effectively say "no - and by the way this contract is now legally void and we are done". ??
I sold my New York house in January. Two offers of my three offers asked for price reduction. I said no. Their contracts were void. This happens frequently.
But is it correct - that in addition to standard legal options - my options are to file a compliant with NAR - and if I did - I would have option to go formal or try to preempt with arbitration. Is that correct?
But is it correct - that in addition to standard legal options - my options are to file a compliant with NAR - and if I did - I would have option to go formal or try to preempt with arbitration. Is that correct?
Arbitration, theoretically, could actually help solve the problems between parties.
NAR can act against the Realtors, and either kick them out of the Assn or fine them, but I don't think they will settle an issue between you and the seller or pay you damages.
Last edited by Diana Holbrook; 04-12-2021 at 12:11 PM..
But is it correct - that in addition to standard legal options - my options are to file a compliant with NAR - and if I did - I would have option to go formal or try to preempt with arbitration. Is that correct?
the details of your situation are becoming more obtuse.
However, the NAR is not who you complain to. You complain to your State's Real Estate Commission (or whatever governing authority in your location).
on your situation, as best I can decipher, you've got these issues/questions:
1. Can Seller unilaterally cancel a contract when Buyer asks for repairs?
Very few standard contracts allow this; most say the Buyer has to be unhappy with Seller's response and terminate. However, as stated, ask an attorney familiar with real estate law and that can see your contract. Or your Realtor (see below), if you want a free, not legal advice but 95% accurate answer if Realtor is qualified.
2. *What does your Realtor say? aka It sounds like you don't have your own, quality representation.
3. It appears "almost every" contract will have some standard "Condition must be same as at execution of contract" clause. I think - my opinion which isn't legal advice - that you've "lost" this one by bringing up the damage in your repair request. I would frankly argue that if you had remained silent until shortly before closing, then you could have then invoked this clause for what's happened.
4. Any complaint you have against anybody involved that has a Real Estate license revolves around their representations on the property condition/how it got that way. An agent does not have to represent you as a Buyer's Agent to fall afoul of a material misrepresentation of fact (laymens term: a lie) issue.
In contract I noticed this: CONDITION OF PROPERTY: Seller agrees that the Property shall be in the same condition, normal wear and tear excepted, from the date of the execution of this Agreement up to the time Buyer takes possession of the Property. Seller agrees to leave the Property in broom clean or better condition and allow Buyer a walk-through inspection of said Property prior to closing to make sure that all appurtenances and appliances included in the sale remain on the Property.
What does this mean for me? note it is not in same section as INSPECTION CONTINGENCY so not sure if it is useful in this matter.
Irregardless of that contract item, what else can I do in this matter?
This is what I was trying to point out before. Your issue with the seller has nothing to do with inspection contingency or repair requests. Per the contract they have to deliver the home as it was when you both signed. Whether the seller removed the items or this "unwitting third party" did it, whether it was accidental or intentional aren't really relevant. It would be the same thing if a meteor crashed through the roof. They have to put it back to original condition at time of signing, or they are breaching the contract. They can't (well, shouldn't) be able to put it on you by saying take it or leave it, we aren't going to fix it. IMO this would be the thing to focus on if you do go to arbitration or legal action.
This is what I was trying to point out before. Your issue with the seller has nothing to do with inspection contingency or repair requests. Per the contract they have to deliver the home as it was when you both signed. Whether the seller removed the items or this "unwitting third party" did it, whether it was accidental or intentional aren't really relevant. It would be the same thing if a meteor crashed through the roof. They have to put it back to original condition at time of signing, or they are breaching the contract. They can't (well, shouldn't) be able to put it on you by saying take it or leave it, we aren't going to fix it. IMO this would be the thing to focus on if you do go to arbitration or legal action.
Right, in laymens terms. If something breaks after inspections but before closings, they have to fix it to sell it to you in the same condition as when you viewed it. An example I had one time: Before closing water heater in attic sprung a leak and the ceiling caved in. Seller couldn't just say "It's your problem now buyer". Seller had to replace the water heater with a working one, and repair the ceiling.
Same token: Seller can run through and paint the house hot pink before closing if when you saw it all the walls were agreeable gray. The house has to be conveyed at closing in the same condition as when you contracted it. You should be asking these contract questions to your agent. If they can't explain, get a new one. The broker in the office can assign someone more knowledgable if needed.
Right, in laymens terms. If something breaks after inspections but before closings, they have to fix it to sell it to you in the same condition as when you viewed it. An example I had one time: Before closing water heater in attic sprung a leak and the ceiling caved in. Seller couldn't just say "It's your problem now buyer". Seller had to replace the water heater with a working one, and repair the ceiling.
Same token: Seller can run through and paint the house hot pink before closing if when you saw it all the walls were agreeable gray. The house has to be conveyed at closing in the same condition as when you contracted it. You should be asking these contract questions to your agent. If they can't explain, get a new one. The broker in the office can assign someone more knowledgable if needed.
Hopefully the OP will have someone (preferably their agent or attorney) point this out to the sellers side in no uncertain terms. I'm ready, willing, and able to close, providing you can deliver the house in the condition it was in at signing, as was agreed in the contract. Make clear the issue is with the seller being unable/unwilling to fulfill their end of the deal.
Based on the previous posts it sounds like the OP was requesting it remedied as part of the inspection findings. But the distinction definitely needs to be made that this was significant changes AFTER contract had been signed.
3. It appears "almost every" contract will have some standard "Condition must be same as at execution of contract" clause. I think - my opinion which isn't legal advice - that you've "lost" this one by bringing up the damage in your repair request. I would frankly argue that if you had remained silent until shortly before closing, then you could have then invoked this clause for what's happened.
---> Are you saying just since it was posed it negates the broader contract provision?
Quote:
Originally Posted by BoBromhal
4. An agent does not have to represent you as a Buyer's Agent to fall afoul of a material misrepresentation of fact (laymens term: a lie) issue.
---> Sorry I dont understand this
Last edited by BobMane; 04-12-2021 at 06:05 PM..
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