Thank you all so much for your answers! The home was a standard sale not a foreclosure or short sale. You

Scared2buy
Home Buyer
Redlands, CA

are right the house did not appraise for 279 it apprised for 240 so they pulled out. O, and we did receive our deposit back. We will consult an attorney and from here on out I will make sure my agent states somewhere on the offer that we want our money or fees back if they break the contract. My agent did say before we can take them to small claims court we have to go through arbitration first?

Answers (1)
Amy Steele
Agent
Crestline, CA
FIRST ANSWER

If you signed the arbitration agreement on page 5 of your purchase agreement, then you will have to arbitrate. Usually though, you are supposed to go back to the negotiation table and try to work it out when an appraisal comes in lower. That's not that much of a difference really, of course, depending on the house, but you are allowed to have an appraisal review done if there is disagreement. They aren't going to be able to sell the home for a higher amount if that's what the appraisal came in at though. That's what it is always going to come in at for every buyer, unless there are comps that could support the higher price. Appraisers right now are being too liberal in appraising homes for far below what the market is actually doing, trying to keep up with the downward trend which I don't agree with if the most recent comps of the area justify a higher price.
However, maybe this was a sign that there is a MUCH BETTER home out there for you!!!! Try to stay positive!

Sat May 30 2009, 14:50

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