Inspection period clause says seller has the right to repair any issues found on an inspection report but I want OUT of the contract!!

Andymaster1
Home Buyer
33426

I entered into a contract to purchase a home that included an "inspection period" addendum that stated I was buying the house "as-is" and if aninspection report turned up something that wasn't previously disclosed by the seller that the seller would have the right to cure. Now in my inspection period I uncovered severe structural issues and want out of the contract. The seller is telling me I cannot back out and is attempting to get his own estimates to repair the structural damage. Is there a state law in Florida that gives me the right to back out of a contract when I have uncovered significant structural issues or am I now forced to wait 6 months while the seller repairs and then close anyways?

Answers (5)
Andymaster1
Home Buyer
33426

Thank you all so much for replying. All of your answers were great! I will contact a qualified real estate attorney immediatly.

Tue Oct 20 2009, 12:05
Nadine Mauro
Agent
Boca Raton, FL

It all depends on what contract you used. You need to read all the details, talk with your agent, and then contact an attorney. If there is a time period to cancel your contract, that time may be running out.

Nadine Mauro
The Herman Group Real Estate
561-414-0864
NadineMauroRE@yahoo.com

Tue Oct 20 2009, 09:59
Jeff Launiere,...
Agent
Tampa, FL
BEST ANSWER

Your contract is what guides what you as a buyer can and cannot do. It sounds like you may not have a buyer's agent, however if you do you should speak to them.

If not then you should speak with a good Real Estate Attorney.

I normally protect my buyer by putting in a contingency that they can cancel if the inspection is not satisfactory to the buyer or to put in a dollar limit to the amount of repairs required.

Please be aware that in most contracts you would have a certain closing date, and usually the seller would not be able to extend the closing date for 6 months.

I believe you need to contact a Real Estate Attorney immediately.

Sincerely,

Jeff Launiere, P.A.
Real Estate Consultant
Keller Williams Realty
813-469-3163 (Direct)
800-622-0886 (Fax)
mailto:Info@SweetHomeTampa.com
http://www.SweetHomeTampa.com
http://www.SweetHomeTampaBlog.com

Get a Free Market Snapshot at http://www.TampaMarketSnapshot.com

Professional Designations:
Accredited Luxury Home Specialist (ALHS)
Certified Distressed Property Expert (CDPE)
Competitive Pricing Specialist (CPS)
Transnational Referral Certified (TRC)
Certified Internet Expert (e-PRO)

Tue Oct 20 2009, 08:54
Don Tepper
Agent
Fairfax, VA

You need an attorney. I'm not a lawyer, so this isn't legal advice.

You appear to have known that you were buying the house in "as is" condition and that your recourse was to allow the seller to cure the problems. And that's what he appears to be doing. In retrospect, of course, your inspection contingency should have provided an escape clause in the event of an unsatisfactory inspection.

Also, your contract should have had some time frames regarding closing and repairs, if necessary. Did it? And if so, did it really allow 6 months to allow the seller to make repairs? (Umm. Who the heck was representing you with that odd inspection clause and a 6-month period?)

Definitely get a lawyer.

Tue Oct 20 2009, 08:18
Lynn911.com Dal...
Agent
Dallas, TX
FIRST ANSWER

Your buyers agent who is representing you need review terms and conditions of executed sales offer which governs what you can OR can't do withdraw your offer. No one can render an opinion till full contract provided.

If you don't have a Realtor contact an Attorney

National Featured Realtor and Consultant, Texas Mortgage Loan Officer, Credit Repair Lecturer
Follow me on Twitter: http://twitter.com/Lynn911
Lynn911

http://www.lynn911.com

Tue Oct 20 2009, 08:11

Didn’t find what you were looking for? Ask a question!

Search Advice

Ask a question

Got a real estate question? Get answers from locals, experts and real estate pros.
Ask
Email me when…

Learn more

View all » 1 - 3 of 357
Copyright © 2009 Trulia, Inc. All rights reserved.   |   Fair Housing and Equal Opportunity
Help us improve our service—send us feedback