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Old 07-13-2014, 10:53 AM
 
22 posts, read 68,633 times
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The buyers had an inspection and waited until the last possible day to send us a repair list. For the most part everything they requested were little things. We agreed to fix 3 little electric issues(non operable plug, and thermostat in ventilator, and 2 wires running to one breaker). We sent our counter back the same day we received their repair list. Per our contract, the buyers had three days to decide if they wanted to walk away or agree to our repairs. Their three days were up Friday! It is Sunday and we still have not heard anything from the buyers. My agent says she has tried to get in contact with their agent, but has received no response! It has taken them a long time to get back to us every step of this process, so this is really no surprise!
I know our contract says if they do not respond in 3 days then they are accepting our repair terms. My question is, can they now come back requesting more repairs? Can they still walk away? Is it strange that they have not responded? We are in alabama
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Old 07-13-2014, 11:02 AM
 
Location: Riverside Ca
22,146 posts, read 33,503,954 times
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Quote:
Originally Posted by Hyattjm View Post
The buyers had an inspection and waited until the last possible day to send us a repair list. For the most part everything they requested were little things. We agreed to fix 3 little electric issues(non operable plug, and thermostat in ventilator, and 2 wires running to one breaker). We sent our counter back the same day we received their repair list. Per our contract, the buyers had three days to decide if they wanted to walk away or agree to our repairs. Their three days were up Friday! It is Sunday and we still have not heard anything from the buyers. My agent says she has tried to get in contact with their agent, but has received no response! It has taken them a long time to get back to us every step of this process, so this is really no surprise!
I know our contract says if they do not respond in 3 days then they are accepting our repair terms. My question is, can they now come back requesting more repairs? Can they still walk away? Is it strange that they have not responded? We are in alabama
They really shouldn't come back with any additional repairs if you agree to repair what they found. If the find out you somehow hid defects they may have a way of getting out. Is there anything that was not able to be inspected at the time? Some people wait till,the last minute to respond to simply place more stress on the other party buyer or seller. But they probably have other contingencies that can allow them to walk.
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Old 07-13-2014, 11:46 AM
 
5,048 posts, read 9,614,434 times
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I think the contract as you quoted says it all.

But without contact and prior history of lack of contact it may be a good thing to send a note...well, for your Realtor to. Something like "Good to know the soandso to whosit contract is in full force as per the contract. We look forward to [nextstep] confirming the loan app by July 17, 2014/the seller moving out this week/settlement Aug. 31/whatever.

That should get some response.

At this vacation time of year, there should be a copy of a response like this sent by your realtor to the buyer's realtor by text. In case the other realtor is on the beach, but taking her texts, and her fill-in at the office is overwhelmed (not unusual).
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Old 07-13-2014, 01:19 PM
 
Location: SoCal
14,530 posts, read 20,109,373 times
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If there was a dated counter that was not acknowledged then it sounds to me like the contract is void unless both parties want to proceed.

Let's hope for the beach scenario.

If on the other hand you had accepted to fix all items and notified them via valid response then the contract is still on its way.
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Old 07-13-2014, 04:05 PM
 
22 posts, read 68,633 times
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So it voids the contract if we they do respond? Even if the contract states that if they do not redoing in 3 days they accept sellers terms for repair? We agreed to some of the things they wanted, but no all. There were no structural problems or major hazards found. No, there was not anything they could not inspect!
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Old 07-13-2014, 04:06 PM
 
22 posts, read 68,633 times
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** if they do not respond?
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Old 07-13-2014, 04:36 PM
 
22 posts, read 68,633 times
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Typos..sorry! It voids the contract if they do not respond even if the contract states they have 3 days to respond or they accept the sellers terms ? we agreed to fix some things but not all as there were no structural problems or major hazards identified.
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Old 07-13-2014, 05:53 PM
 
5,048 posts, read 9,614,434 times
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Okay, here's the problem You state your contract states: "if they do not respond in 3 days then they are accepting our repair terms"

And, in a little more anecdotal tone you say instead: "the buyers had three days to decide if they wanted to walk away or agree to our repairs".

Which is it? The one that sounds more like a statement or the other? Very different from each other.
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Old 07-13-2014, 07:15 PM
 
22 posts, read 68,633 times
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It says, it should conclusively be deemed acceptance of the property, including ordinary wear and tear of the property until closing, if the buyer fails to notify seller in writing within the allotted times ( 7 days from initial inspection which they gave us a lisy of things but we only agreed to some of them, then 3 days to respond to our terms which they did NOT do) of any unsatisfactory conditions revealed by inspection or fails to notify seller in writing of their election to terminate this contract!
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Old 07-13-2014, 08:08 PM
 
Location: northern va
1,736 posts, read 2,891,244 times
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Quote:
Originally Posted by Hyattjm View Post
So it voids the contract if we they do respond? Even if the contract states that if they do not redoing in 3 days they accept sellers terms for repair? We agreed to some of the things they wanted, but no all. There were no structural problems or major hazards found. No, there was not anything they could not inspect!
Quote:
Originally Posted by Hyattjm View Post
Typos..sorry! It voids the contract if they do not respond even if the contract states they have 3 days to respond or they accept the sellers terms ? we agreed to fix some things but not all as there were no structural problems or major hazards identified.
I don't think anyone responding to your thread is an agent and/or lawyer in your state, so no one can give you the full advice you are after.

You have an agent, why not ask your agent to bring his broker into the fold and try and make sense of some of this. Between this thread and your other, I feel really sorry for you and hope that things all work out.
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