Home Buying in 19446>Question Details

Lorri Paster, Real Estate Pro in Blue Bell, PA

Reply to Inspections

Asked by Lorri Paster, Blue Bell, PA Thu Sep 16, 2010

If the buyer doesn't submit the Reply to Inspections by the designated date, what happens or what CAN happen? Can the seller end the contract if he wanted to because of this? Or does it just mean that the buyer has relinquished his rights to asking for repairs or credits?

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According to line 327 of the PA Agreement of Sale, if the buyer fails to respond or terminate within the time frame, the buyer is agreeing to accept the property as is. I am not an attorney and this should not be construed as legal advice. Please consult a PA real estate attorney for legal advice in this matter.
4 votes Thank Flag Link Thu Sep 16, 2010
Lorri asked: "Has anyone ever missed the date or as a sellers agent had a buyer miss it?" Yes. They bought the house. They didn't have any issues, and just didn't bother with the form. HOWEVER, one of my agent friends found out that the deadline is indeed real and binding...they tried to submit requests for repair the day after the deadline...and...they found out....oops, sorry, you just bought this house as-is. The seller refused to fix anything.

Lesson: read your contract.
1 vote Thank Flag Link Tue Sep 21, 2010
It's more like second option and if buyer wants to end contract because of refusal of repair or credit, than they lose deposit.
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0 votes Thank Flag Link Sat Sep 17, 2011
Hi Ms. Lorri,

How are you? Thank you for your online inquiry. In a typical real estate transaction, the buyer normally gets 15 days to do their home inspection and within the 15 day period, the buyer can either send a "Reply To Inspections Addendum" to request for any seller's assistance, credit for repairs or requesting for repairs to be made prior to settlement, or to re-negotiable the purchase price of the home, or the buyer could simply put in writing of a Termination notice to end the contract if the buyer no longer wishes to purchase the property.

The buyer is not obligated to submit a "Reply to Inspection Addendum". If the buyer went through the home inspection and are OK with everything and the buyer doesn't wish to re-negotiate the deal, then when the 15 day inspection contingency period has passed, the buyer is presumed to accept the property in its AS-IS condition and the deal moves on.

I don't believe the seller could end the contract because you are still purchasing the house regardless. You have done your due diligence and you are subject to continue on with the deal, unless after the 15 day inspection contingency period had passed and you and the seller agree to terminate the deal, then that'll be OK if both parties terminate in writing. For any further detailed legal advice, I would suggest speaking to an attorney.

Hope that helps!

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0 votes Thank Flag Link Thu Oct 14, 2010
Lori,

There is no obligation for the Buyer to submit a repair request list at all. If they wish to discuss home inspection issues they want the Seller to handle then they must notify the Seller/Sellers Agent in writing by the date stipulated in the contract, otherwise the Home Inspection contingency is deemed waived. In most states (my original license 27 years ago was in your immediate area, but no doubt the contracts have changed numerous times over the years) the Seller doesn’t even need to respond if they don’t plan on doing any repairs and if the Buyer does not cancel the contract upon not receiving a response in timeframe referenced in the contract then the contract stipulates that they have agreed to buy it “as-is”

Hope this helps.
0 votes Thank Flag Link Tue Sep 21, 2010
Actually, with the new contract, it may be more common to see missed dates. Good Luck!
0 votes Thank Flag Link Fri Sep 17, 2010
No, the seller absolutely does NOT want to end the contract...it was just a question....today is the last day for the reply to inspection and the buyers agent has informed me that I will receive it today...plus, in my 4 years of RE I have never had anyone miss the date. Was just trying to prepare myself in case the reply didn't come in todAy. Has anyone ever missed the date or as a sellers agent had a buyer mss it?
0 votes Thank Flag Link Fri Sep 17, 2010
Karen Rice is spot on! Read your contract under the paragraph where it states what happens if buyer fails to respond within his time frame. The wording is clear: buyer agrees to accept the property and move to settlement.

Consult with your broker if the seller wants to get out of the contract at this point, and advise the seller to call a real estate attorney before he does this.
0 votes Thank Flag Link Fri Sep 17, 2010
The sale of the home goes on. The seller neither can't stop the sale nor should he. I am guessing that the seller is wanting to stop the sale of the home. Why is that?
0 votes Thank Flag Link Fri Sep 17, 2010
Seller can not terminate the contract because the buyer failed to respond ( Although anyone can terminate a contract they risk a possible law suite). The set date is for the Buyer only.
Both answers are correct.

Alexander Shulzhenko

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0 votes Thank Flag Link Fri Sep 17, 2010
Hi lorri
I know that the buyer gives up their right to any repairs or corrections and accepts the condition of the home. I don't believe the seller can cancel for this reason but it sounds like they want out of the deal. They may keep trying with the other clauses
0 votes Thank Flag Link Thu Sep 16, 2010
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