Home Buying in Pittsburgh>Question Details

Matt, Home Buyer in Pittsburgh, PA

What if the seller fails to respond to our Reply to Inspection?

Asked by Matt, Pittsburgh, PA Mon Aug 27, 2012

As the title indicates, the seller failed to respond to our Reply to Inspection within the 5 day window she was allotted after the inspection contingency period, last day was 8/24. We have still not received a response from her and we wanted to know what are options are. Does she have the to make the repairs we had proposed? Unfortunately she is a real estate agent and this property happens to be her own so we can't try to talk to the agent to get her moving.

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These time periods can be tricky. Consult your agent or broker (hopefully not the same as the seller), or a real estate attorney, to find out whether the deadline's passed.

By default, you have 10 days to do the inspection and reply. The seller then has 5 days to respond. You have 2 days from the time they respond to accept, renegotiate and reach a new agreement, or terminate. Gotchas here include 1) you have 2 days from *whenever they respond*, even if it's 5 minutes after you replied; some people think they still have 5 days to come to agreement. That was the case in the old agreement if you picked option 1 (which had inspection options 1 and 2), but the "new" agreement got rid of that. 2) responses have to be in writing. Calling and talking about it doesn't count. 3) if you're in time and can still terminate, remember that terminations have to be faxed to the broker's office; make sure you get a receipt -- technically, emailing it to the agent isn't sufficient. What I do here is fax it with a cover page, to make sure the agent gets it, and to get a fax receipt. Then I fax it again *without* the cover page, so that I have a receipt with the content of the fax reproduced on it (which is stronger evidence of termination than just the cover sheet).

Good luck! These deadlines are critical; one of the primary jobs agents have is being aware of these deadlines and counseling their clients about the consequences.
0 votes Thank Flag Link Mon Aug 27, 2012
If you used the Pennsylvania Association of Realtors Standard Agreement For The Sale Of Real Estate (and it sounds like you have) (Clause #13 on pages 6 and 7 lines 329 to 342 address this matter) then no reply by the Seller (line #332) within the five day period given them by the contract means that Seller is not taking any action as to your request. You then have the option per the contract to either accept the property with the conditions discovered by the inspections or to void the contract. If you do not reply to the Seller (or the Seller's lack of reply) in writing (lines 340 to 342) of your intention to void the contract within the timeframe given you per the contract (which is usually two days unless it has been changed and agreed to by all parties) then you agree to accept the Sellers terms (to not making repairs/modifications).

You should always consult a good real estate attorney which I am not.
0 votes Thank Flag Link Mon Aug 27, 2012
The default time on the sales agreement is 10 days unless otherwise specified for your inspection If you replied early on in that window seller can wait untill the end of that time fram then has her 5 days So I'm wondering if the 24rth was accurate Buyers have 2 days after her 5 day window to either accept the property as is (if her response wasn't to your liking) or walk away from the deal If you didn't do anything in your time frame you "accepted" the property in it's present condition. You can lose your hand money if your two day period is up. Don't you have an agent working with you on your behalf? Even if seller is an agent you should have your own representation to allert you to time frames and other item in the sales agreement
0 votes Thank Flag Link Mon Aug 27, 2012
You can either accept the house as is and proceed with sale or you terminate the agreement in writing asap. Good Luck
0 votes Thank Flag Link Mon Aug 27, 2012
With a standard PAR contract, if buyer and seller don't come to agreement on the inspection within the contingency period, the buyer must either accept the property as-is or terminate the agreement. If the deadline has passed, you're buying it as is! Do you have your own agent, or is the seller (and owner) on both sides?

Read the contract to be sure you don't have something else going on, but you've probably accepted the property as-is; the original contract stands (with no repairs) unless amended by both parties. You can still terminate the agreement, but are likely to lose your hand money.
0 votes Thank Flag Link Mon Aug 27, 2012
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