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I went back and read the applicable portion of your contract again. Here is my interpretation of the applicable parts.
13.A. Doesn't apply since this is not work that's required by the lender.
13.B.1 This section pertains to damage from wood destroying insects (which doesn't apply to your situation). It also pertains to damage from moisture and standing water. At first, you might think that his applies to your situation, but if you read carefully, it does NOT apply.
Here's why it doesn't apply. It applies only to damage below the first floor level. In particular, it mentions damage to foundation and understructure, crawl space, sill plates, joists, sub flooring, etc.
According to a prior post that you made, here is how you described the damage. "Latest update, the termite people came by on Thursday to spray the foundation, upon doing they noted said moisture damage to the bottom of the frame of the front door and side door of the garage and noted it in their paperwork."
Quite obviously, any damage to a first floor door frame or the door frame of the side door to the garage is going to be ABOVE the first floor level. Therefore, it is not applicable or included in section 13.B.1 damage which applies only to "foundation, understructure, crawl space, joists, sill plates. subflooring, etc"
So, based on this, I can not find any requirement in the contract that says you need to repair moisture damage to a door frame because the damaged door frames are not part of the foundation, understructure, crawl space, etc.
The paralegal called me and said unless the repairs stated in the termite and moisture inspection are completed we cannot get a clean report from them. So she stated they needed to be fixed. IMO basically didn't address what the contract stated.
Also let's say we didn't get clean report, now what happens? The buyer can back out and we all go our merry separate ways?
The paralegal called me and said unless the repairs stated in the termite and moisture inspection are completed we cannot get a clean report from them. So she stated they needed to be fixed. IMO basically didn't address what the contract stated.
Also let's say we didn't get clean report, now what happens? The buyer can back out and we all go our merry separate ways?
I'm not surprised that the paralegal didn't address the fact that the repairs called for in the report are not required according to the contract. That's above his/her pay grade. The CONTRACT governs what must be done, not some termite inspection company, and not some paralegal. If it were me, I'd explain this politely to the paralegal and ask that he/she confer with his/her supervisor for a second opinion.
I'm not an attorney so I can't give legal advice, but it appears to me that if this issue is the only thing preventing the deal from closing, then the deal really ISN'T prevented from closing since this repair is not required according to my reading of the contract. Once again, the CONTRACT is the governing document, not the termite company.
If the buyer won't close unless this repair is made, then that's the "out" that you're looking for. Simply tell the buyer "OK, we won't close. If you will sign a Release of Contract (cancellation), then I won't sue you for failing to complete the purchase of my house as you contractually agreed to do."
I'm not surprised that the paralegal didn't address the fact that the repairs called for in the report are not required according to the contract. That's above his/her pay grade. The CONTRACT governs what must be done, not some termite inspection company, and not some paralegal. If it were me, I'd explain this politely to the paralegal and ask that he/she confer with his/her supervisor for a second opinion.
I'm not an attorney so I can't give legal advice, but it appears to me that if this issue is the only thing preventing the deal from closing, then the deal really ISN'T prevented from closing since this repair is not required according to my reading of the contract. Once again, the CONTRACT is the governing document, not the termite company.
If the buyer won't close unless this repair is made, then that's the "out" that you're looking for. Simply tell the buyer "OK, we won't close. If you will sign a Release of Contract (cancellation), then I won't sue you for failing to complete the purchase of my house as you contractually agreed to do."
Yeah it wasn't till today that I realized I was dealing with the paralegal thru email and when I signed my settlement papers that was the attorney. I'll ask the attorney directly, hate these glorified secretaries thinking just because they work in a law firm means they can make decisions like a lawyer.
We already paid for this repair I'm just going back trying to get clarification if we should've even made these repairs or not.
Fact: Most real estate sales have two agents involved.
Sellers Agent: One that lists the property, and presents offers to seller. This is your agent.
Buyers Agent: One that works with buyers. Today all buyers are told to get their own agent, and most are not buying through the sellers agent.
Your agent can only bring offers, that the buyers agent brings to them.
If there is water damage for $250 it is your and your mother that should pay for this to be corrected.
One thing to realize is, if you let this contract fail hoping to get more money, you may find it is the highest price offer you ever get.
The remarks by the attorney about it being a low price, are about as worthless advice you can follow unless he is a real estate expert, and has personally reviewed the property and ran a good comparable market analysis using recent sales to be able to make such a comment.
Your statements: Once we went into contract I still asked my agent to continue to show the home but we didn't really get anymore appointments to view the home after that. I don't have too much real estate knowledge so it was really frustrating having to rely on my agent which wasn't getting my anywhere.
Have you considered, you got the only two interested parties, and there has been no further interest in viewing the home ? Your agent has gotten you a sale, waiting to close. Any more offers are known as back up offers, and are nothing to consider, unless current contract does not close. What more do you really expect to be done by your agent.
Your home is under contract to close at a certain price. If you got an offer at twice that price, as long as the present buyer is willing and able to close as agreed, you could not change buyers, and would have to close under terms of existing contract. If you refuse to close under present contract, the buyer would just file a lis pendens at the county courthouse, which is a legal notice you are going to be sued to enforce the contract, and you would be unable to sell to someone else with the court date as much as a year away, and you would end up spending considerable money in court and you would lose and the sale would be completed.
So just sit back and wait for the closing.
Just relax, and let things play out and expect the sale to close.
without wasting time going back ... one of your family members promoted using this agent, and you agreed? Or you chose them? I think it's the former, but am often wrong on what the dynamics are on this anonymous forum.
And this was your house, or your sadly-deceased mother's?
Sale closed, funds received.
Oh goodie more homes listing a few blocks away higher then our sale price. Can't wait to see what those sell for.
Do yourself a favor. Just move on from this transaction. Don’t watch the market on nearby houses. Your deal is done. You’ll drive yourself crazy if you dwell on it.
without wasting time going back ... one of your family members promoted using this agent, and you agreed? Or you chose them? I think it's the former, but am often wrong on what the dynamics are on this anonymous forum.
And this was your house, or your sadly-deceased mother's?
One of my aunt's said she new a realtor, so I trusted her judgement...one other tidbit one of my cousins told me is that my aunt gets some sort of referral for this which absolutely got me pissed
One of my aunt's said she new a realtor, so I trusted her judgement...one other tidbit one of my cousins told me is that my aunt gets some sort of referral for this which absolutely got me pissed
Your agent should have disclosed this to you up front.
Dirty business, and unfortunate family dynamics. I hope Auntie is buying you a nice gift or gift card.
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