Home Buying in Springfield>Question Details

Lauren, Home Buyer in Springfield, VA

Is there a recouse to the seller for not fixing home inspection items that were listed in the contract?

Asked by Lauren, Springfield, VA Fri Sep 3, 2010

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Cindy is correct, if you are represented by an agent no other REALTOR can give you advice. Contract your agent.
1 vote Thank Flag Link Fri Sep 3, 2010
Hi Lauren

A little more info is needed I think. For example you say "inspection items were listed in the contract". Do you mean walkthrough items such as furnace, appliances, etc, or do you mean items you have asked for on an inspection addendum? Do you have a buyer agent that is helping you with your contract and/or inspection addendum?
Did the Seller sign off agreeing to fix the items and now you are at the day of settlement and they are not done? Perhaps you could escrow funds to assure you these items will be fixed.

If you would like to call me and discuss it further, I live and work in Springfield.

Kathy Stark
Weichert, Realtors
1 vote Thank Flag Link Fri Sep 3, 2010
Cindy is correct. You need to talk to your buyer agent for advice. If you don't have an agent working for you than a real estate attorney is the one to give you advice.
0 votes Thank Flag Link Fri Sep 3, 2010
Lauren as I stated in my earlier answer you are under contract and no other agent other than the one representing you can or should be giving you specific advise on your contract. None of us have seen it and are not qualified to give you advise on the specifics of your situation. If you are represented by a buyer's agent contact them immediately. If you are not and there is something you are questioning in your contract then consult an attorney to review the situation.
0 votes Thank Flag Link Fri Sep 3, 2010
I must ask a more basic question -- did the buyer ask the seller to fix something/anything/everything; and if so, was there an agreement to fix contractually?? If so, both Kathy & John's answers may/could come in to play.
0 votes Thank Flag Link Fri Sep 3, 2010
I think that Kathy Stark is absolutely right. We don't have enough information. One further thought: if the home inspection contingency removal addendum that was signed by the seller specified repair of even non-walk through items ( Paragraph 7 of the regional sales contract ), and these repairs were not done by the closing date, then the seller in in breach of the contract. This happened to me once, and it involved cosmetic repairs to a rake board. The attorney settlement agent that I had my buyer agency clients choose got up and read the riot act to the sellers, and we ended up taking off a substantial chunk of $$ off the sales price.

This is another example of why "nickel-and-diming" a deal most often backfires. Get a good settlement agent who's lawyered up.
0 votes Thank Flag Link Fri Sep 3, 2010
Please talk to your buyer's agent about your options. You most likely have some but since no one answering questions on Trulia was a party contract we don't know what the conditions were that were to be repaired.
0 votes Thank Flag Link Fri Sep 3, 2010
You can elect to not fix the itmes, send it back to buyer and sww his answer. He could agree to somthing different or he could walk!
Have your realtor talk with buyer's realtor and see what is really important.
Judy Berg United Broker's Group Phoenix AZ
0 votes Thank Flag Link Fri Sep 3, 2010
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