Home Buying in Cincinnati>Question Details

Peter, Home Buyer in Cincinnati, OH

Contract with signed home inspection addendum options?

Asked by Peter, Cincinnati, OH Fri Jul 26, 2013

We put an offer on a home, it was accepted with the addendum after the home inspection. Now the seller has sent us something of a come back becuase the repair in their minds is too expensive. We want them to live up to the original agreed signed addendum. what are our options? We have a good realtor, but just would like other feedback.

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As far as I know if the offer was accepted and I am assuming been ratified and the addendum was part of this document they must abide by the agreement. However, that doesn't mean there can't be SOME negotiation in good faith. If you really are in love with the home maybe agree to pay a portion of the cost up to a certain amount. If the problem is large enough it could affect the sale of the home no matter who purchases it. This way you are helping them in what ever amount that you feel you can. If you are looking at a couple of hundred $, in the scheme of things it might be worth it.

Good Luck!

Beth Seifart
Keller Williams Realty - Leesburg, VA
1 vote Thank Flag Link Sat Jul 27, 2013
They need to abide by what they signed. Is there a maximum amount on the addendum? Also, is the repair something that would need to be done regardless of who buys it?
0 votes Thank Flag Link Sat Jul 27, 2013
@jeff williamson Since when is the listing agent responsible for the costs incured by the seller? Maybe the buyers agent should give up commission to make the transaction go through. Maybe the seller just needs to do what they agreed to and keep out of all the agents pockets.
0 votes Thank Flag Link Sat Jul 27, 2013
I'd have to read what you signed.
Please post it or email it to me at
mark@cincyland.com
0 votes Thank Flag Link Sat Jul 27, 2013
I find it weird that they would agree to the addendum, then all of a sudden change their minds. Very strange for someone to do such a thing. However I think any legal action can be avoided through careful yet, aggressive negotiations. You don't want to draw it out any longer. Remind them that they agreed to do the repairs. The estimated costs for repairs may have even been in the addendum, yes? Get with your agent and have him/her put some pressure on the listing agent. Best of luck!!
0 votes Thank Flag Link Fri Jul 26, 2013
Stay with the wording and teh intent of the addendums. That's the easiest. If you have a good agent, this should go smoothly
0 votes Thank Flag Link Fri Jul 26, 2013
I would have your agent push on the listing agent to make their client realize seller needs to abide by the agreement they agreed to. Otherwise, its breach of contract. (I don't know the specifics of the situation nor am I an attorney. Just giving an opinion as a Realtor) But, If listing agent didn't do their job explaining the process to the seller or advise seller in getting estimates prior to agreeing to repairs as a result of a home inspection, maybe listing agent will agree to reduce their commission to seller to reduce cost burden on seller which can be applied toward repairs or price concession. A listing agent won't want to do this and it may not be their fault. But, it will get the listing agent to take action to try and get their seller on board that not following a binding contract which they agreed to can have repercussions. Hopefully, it doesn't get to a point where you have to threaten or get an attorney involved. But, someone needs to make the seller realize you can't just renege on a binding contract. If you feel its serious enough it may be smart to get legal advice from an attorney on your options.

You can mention to listing agent that maybe in your mind the house is too expensive for the work that has been presented and want the home for less than what was agreed. I am being facetious but it would be making a point doing the same thing that they are doing to you. Or if you would prefer or be okay with a price concession in lieu of repairs, and it won't affect loan approval maybe thats an option seller can work with.
0 votes Thank Flag Link Fri Jul 26, 2013
It sounds like they signed the repair request addendum and now want to back out of repairs. You need to do all the actions that you need to do to get to closing and speak to an attorney about possible litigation.
0 votes Thank Flag Link Fri Jul 26, 2013
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