Clearly, the seller is in default. It doesn't matter who happens to be living there - the Seller has a contractual obligation to allow your inspector to conduct his inspection. He can't use the excuse that "I can't control my wife!". That doesn't absolve him of his promise.

Your remedies are also defined in the contract. I don't know what contract you're using, so I can't tell you exactly what remedies the contract stipulates are available to you, as the buyer, in the event that the Seller defaults.

In a typical contract, your remedies are a return of your deposit and a cancellation of your obligation (which would end the deal), and quite possibly what is legally called "specific performance". That fancy legal term simply means that you could go to court, tell the judge that you want the property, and ask the judge to require the seller to complete the transaction. That sounds great in principal, but it means a law suit, lost time, and considerable expense (which you would recover if you won, but that's not the issue).

Unless your contract has unusual conditions, I can't imagine that there is anything in there that would give you the right to force the wife, or anyone else, to let you on the property. What you might try is to send the husband a certified letter, explaining that you want to exercise your legal right to conduct an inspection within 5 days, and warning him that you will consider taking whatever legal action is available to you under the agreement. Perhaps this would encourage him to take the problem up with his wife's divorce attorney, because her interference with his attempt to sell his property will not be looked upon in a positive light by the judge in the divorce case. Her attorney may be able to reason with her and make it clear to her that she is not doing herself any favors in trying to get back at the husband by keeping you off the property.

Your Realtor is right in that the simplest thing to do is to walk away and get your deposit back. If you really, really want the house and you're willing to go through all of the aggravation that is sure to follow, the next best option is to threaten the husband with legal action which might inspire him to get after his wife.

Good luck to you!

Angela
Villa G Realty, Inc.
Tel: 954-816-7996

Extend the period for inspection - hire lawyer who will advise you how to get
access to the property - that is if you have valid contract for deed.

If the contract is a good one (wife may have to sign - see your lawyer) then the contract should give you
permission to get to property,

This could get expensive, you having to demand performance on the contract, so if you have the time and money. Are you that much in love with this property???

Your agent may have the best suggestion for you, find another.

John