Seller is threatening to sue us because we were told by our lender to have a structural engineer look at house

Shawn Blankensh...
Home Buyer
Charleston, WV

We entered into a purchase agreement, and now near closing the lender is requiring a structural engineer review the property and if anything is required to be fixed, it needs fixed before they fud hte deal. The seller is threatening to sue us, and is refusing to fix anything. How can I be held accountable andor required to fix a foundation to buy a seller's house and not be able to void all of this. But remember, we want to buy the house. Can I then sue him for performance, I have already spent a lot of money and made tons of other plans that are going to impact my family.

Answers (3)
Estatecreate
Agent
Charleston, WV

All sellers threaten to sue. They don't. Was this house an MLS listing? Do you have a realtor? Anyway, fixing any structural issues before close is common, but at the sellers expense, or at least an repair allowance to correct after closing. if your bank will accept that, put it in writing . Banks don't lend on houses with structural problems, and as above said this is required for lending approval and you have done your part. Nego. with seller for repair, once you discover a structural problem with his property he has to disclose it by law to a future buyer. You do pay for the inspection, and get 3 bids for repair from good people. Does your contract states "AS IS" ? might have a issue if so. good luck, buy the house if you like it--there never been a better time.

Tue May 5 2009, 18:27
David Chamberla...
Other/Just Looking
St Petersburg, FL

Spend the money for a lawyer to help you with this. I have seen a couple of people sue for performance but have yet to see a judge award it. I think money on a lawyer would be well spent.

Sat Mar 28 2009, 02:25
Amy Salisbury
Agent
Charles Town, WV
FIRST ANSWER

Shawn,
Based on your question and info you've given, it seems that the structural inspection is a condition to loan approval. If the loan will not be approved without it, and you can't get financing elsewhere, this would satisfy the financing contingency in your contract. This means that you have performed according to the terms of your contract with the seller. In my opinion, the seller has no grounds. But I am NOT an attorney. I suggest you consult with one well versed in contract law. A lawyer would be able to answer the rest of your questions much more ably than I. Good luck to you and your family.

Sat Mar 28 2009, 02:13

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