i always have all my buyers do the testing before submitting any offers just for this reason. you will need to submit a copy of the test and written estimates to cure the problem to the bank asap. put a cnotingincy on there that they only have 7 days to respond. dont leave it open ended. you should know that if you write the sellers have moved out or if the bank finds out, most banks will immediately end the short sale pricess and foreclsoe because know the assett has been abondoned, so i would not write that part of it. you will want to submit to the listing agent or person handeling the short sale negotiations. i hope this helps. good luck with your purchase.

Thanks for responding Jon,
We have the report in writing now, it shows high levels of Total Coliforn and HPC levels are very high. Sellers agent has the direct contact #'s to BOA, but hasn't shared that info with our agent and he says he doesn't think the bank will accept a lesser offer. He hasn't sent the signed amendment from the sellers for 5 day extension. I thought when the sellers signed a contract with lender for SS all they do is sign papers and the final decision is the lenders? We really do want the home but not as is for the price 240K. Our agent has started working a job and realty is now 2nd job, so no time to sit on hold with BOA to get a fax # for the right person. Will BOA talk to us, we do have the loan # and owners name? We feel stuck because the listing agent takes a day or two to return calls to our agent. Time is almost gone, so what I'm asking is if you have any ideas to bypass the seller agent and send our new offer and findings to the lender? We found a name and 800# on email when BOA accepted 1st offer, but we do not know if that is a good name and number yet. (our agent will send the info, we are just trying to help find the info for our agent) .
Isn't the listing agent suppose to share the contact number and name with our buyer agent?
Our agent seems to be too busy with other job to do what needs to be done during working hours, is there anything else we can do on our own to make sure the lender has the new info? I have reason to believe the sellers agent isn't forwarding the new info relayed to him by our buyer agent to the lender.

First submit a new page one to the bank negotiator with the new purchase amount. They may accept and rather quickly as the file is "open." However, you may need to bail from this "offer" and resubmit. Sometimes that starts the lengthy process over, sometimes not.

Send in your notice to void contract at end of inspection period for worst case. Many times you can do an inexpensive "shock" treatment on the well prior to doing a new well or public hook up. If you buy the home, try that first. The fecal matter is of most concern of course.

Good Luck, Jon Tucker RE/MAX 100 in Maryland. 443.538.4316