Your question is confusing and difficult to answer without knowing all the details or seeing the contract.What does your Realtor say? What does the Contract say? If there was an inspection done and there was an "Inspection Notice" in which both parties agreed to whatever resolution, then that's what needs to happen! If things were not spelled out as to who was to do what, then you need to consult your Realtor and figure it out and see who is in breach of the contract.... more
To all that replied .....thanks !!! Just to let everyone know --- the seller had refused to return the deposit on the house in this case.... and refused to recind the contract. The realtor also did some unethical things too, even as far as claiming that he informed me there was a mistake in the listing ... prior to contract . In fact .... it was the home inspector that informed me that it was only a "legal" 3 bedroom home.
After 3 attempts at requesting for a refund and after the threat of suit of breach of contract by the seller and his attorney ---- I paid a retainer fee and my attorney filed a suit against the seller, the agent, and the broker for fraud. After three days the seller agreed to return my deposit and recind the contract.... more