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My friend is in a weird situation. He is in a process of buying a house but he did not ask for any inspection, he knew there will be a lot of fix up on the house. Before closing there was sewage or some kind of water in the basement so he wanted to back out from buying the house after he signed he will buy it. He wanted to get an inspection on it and on another thing that was in a worse condition. He got denied from the seller. And the seller is suing him for not buying the house. How much chance would he have in court??? Because he didnt listen to me and put down more than 5k deposit on a house worth not more than 25k.
My friend is in a weird situation. He is in a process of buying a house but he did not ask for any inspection, he knew there will be a lot of fix up on the house. Before closing there was sewage or some kind of water in the basement so he wanted to back out from buying the house after he signed he will buy it. He wanted to get an inspection on it and on another thing that was in a worse condition. He got denied from the seller. And the seller is suing him for not buying the house. How much chance would he have in court??? Because he didnt listen to me and put down more than 5k deposit on a house worth not more than 25k.
He may need a lawyer. You put in a bid based on a home inspection passing...
Does he have a lawyer for the closing ( which has not happened yet?) - maybe the lawyer can push the issue. Water ( around here) is one thing in spring... sewage is another. If it is sewage, maybe he has an out.
BTW, a home inspector could have been paid for BY HIM. Sellers do not have to pay for the home inspection....I do not think the seller cannot deny it unless your buddy bought "as is". In that case, he is screwed
The thing is the seller did not let my friend inspect this problem.(he said it was from the broken sink, if that is the case I dont understand the seller, not letting him do the inspection.) It was right before closing. Closing never happened because of this. And also a leak around the chimney which he didn`t fix properly and caused more damage. The seller refuses to let any inspection on this two things because my friend signed before that he doesnt want inspection. But far as I know if something is in a worse condition you could have it, at least for the water in the basement which was from sewage or the sink, but who knows???
I think your friend may be screwed if they didn't do the following.
Typically, regardless of whether or not you actually do an inspection, it's recommended to include in the purchase agreement that your agreement to purchase the property is subject to an inspection, and anything that is found during the inspection that is negative will allow you to back out of the contract, typically just having to forfeit the deposit if it's paid already.
If your friend did have that included, then legally he can find someone to do a quickie inspection, and write it up and give him the ammo he needs to back out. If your friend didn't get that included, then he's up **** creek without a paddle, because he's signed a binding contract to purchase a property without any way to back out, and if the person who is selling the property wants to sue, they can, and typically will.
One question: was this a foreclosure or bank owned? If so, around here, they often can't be inspected. One friend bought a lovely house and discovered the foreclosed owners cut out ALL the copper pipe! No recourse -- it was foreclosure, as is.
In NY State, the buyer can hire their own inspector and pay -- if the seller is the homeowner and the property is not being sold "as is" .
Sounds like your friend figured the seller had to pay for the inspection. They do not. Your friend got hosed.
Clearly your friend should have insisted on an inspection period, but if the water damage occurred after he signed the contract, that is a material change in the condition of the property. He could be entitled to walk but sounds like he'd have to sue the seller.
Did your friend have a realtor walk through with him prior to signing? They should take notes on damages; it might help him. A lawyer would know.
In any case, if water damage occurred after signing and it was an "as is", then he is still probably stuck --
BYT --If the seller flat out lied, I might have legal recourse. OTOH, if the seller gets sued over such a cheap house sale, unless he is a rich slumlord, I doubt you friend would get very much.
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