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If I were sure there were no pest infestation I would get my own report and dispute it. If it ended up that there were pests there, I would get it repaired and treated. Either way the buyer would have to close. Or, I'd keep what ever money was there.
If I were sure there were no pest infestation I would get my own report and dispute it. If it ended up that there were pests there, I would get it repaired and treated. Either way the buyer would have to close. Or, I'd keep what ever money was there.
What constitutes a pest infestation? They were there but they are not there now. Just evidence that they were there at one time ...
Buyer breach of contract. Didn't come through with the full amount of earnest money by the date stated in P&S. I did my part, gave my tenant notice and they have found a new place so I will lose $1,200. a month and it is very unlikely I will find a new tenant who will agree to move into a house that is for sale. Because of my loss, should I demand to keep the $3,000. earnest money? Opinions?
What does your Realtor advise? Did you have a ratified contract so that you even have the option to keep the money?
Past infestation is treated as a material defect by many courts. Past infestation is a required disclosure by these courts in order to give a purchaser the opportunity to see if the infestation caused damage to the property and, if any damage was repaired, that it was repaired correctly and according to any applicable building codes.
Giving the purchaser the right to an inspection also generally carries the affirmative obligation to allow the purchaser the right to rescind the contract should they not approve of items found in the inspections (be it the infestation or other issues) and a contract should provide for the full refund of any and all earnest monies.
What constitutes a pest infestation? They were there but they are not there now. Just evidence that they were there at one time ...
Actually, I read the roport you posted, and the line "Active carpenter bees were observed flying around the house and garage exterior, " says that they ARE there now. If you are saying you have treated for them since the report was written, then simply provide proof of that treatment and the FHA loan will be approved (provided, of course, that this pest infestation is the sole cause for it's original denial.)
This is a rather routine occurance, and you seem to have turned it into a dealbreaker. I can't understand that act at all.
Actually, I read the roport you posted, and the line "Active carpenter bees were observed flying around the house and garage exterior, " says that they ARE there now. If you are saying you have treated for them since the report was written, then simply provide proof of that treatment and the FHA loan will be approved (provided, of course, that this pest infestation is the sole cause for it's original denial.)
This is a rather routine occurance, and you seem to have turned it into a dealbreaker. I can't understand that act at all.
Look I was there the whole time the home inspector was there. There were NO carpenter bees flying around my house then or now. They didn't come through with the earnest money so they used this bogus report to get their smaller earnest money deposit back. I am not going to waste my time trying to get them to comply when they can and won't show the total earnest money. Surely you've see something similar happen. The buyers always uses the HI reports or loan to back out. I've wasted enough time with this tire kicker buyer. Why blame me? I did EVERYTHING I was contracted to do!
Look I was there the whole time the home inspector was there. There were NO carpenter bees flying around my house then or now. They didn't come through with the earnest money so they used this bogus report to get their smaller earnest money deposit back. I am not going to waste my time trying to get them to comply when they can and won't show the total earnest money. Surely you've see something similar happen. The buyers always uses the HI reports or loan to back out. I've wasted enough time with this tire kicker buyer. Why blame me? I did EVERYTHING I was contracted to do!
So what? The buyer knew as, or before, they were having the inspection done that they wanted to back out of the house purchase, and told the inspector to lie and say he saw carpenter bees? Is that really what you want us to believe? When they could have found other ways out without having to spend the money on the inspection in the first place? Really?
So what? The buyer knew as, or before, they were having the inspection done that they wanted to back out of the house purchase, and told the inspector to lie and say he saw carpenter bees? Is that really what you want us to believe? When they could have found other ways out without having to spend the money on the inspection in the first place? Really?
And your point is .....
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