Home Selling in San Ramon>Question Details

Dezinno, Home Seller in Alaska

Buyer chose not to inspect the house, date passed for them to cancel due to repair requests. Buyer failed to order appraisal by time frame in contrac

Asked by Dezinno, Alaska Mon Feb 11, 2013

Buyer did not perform their own inspection, they used an inspection conducted by a previous buyer 2 mo ago. Buyer asked for repairs during the inspection period, seller refused to make any repairs. Buyer has a 3 day window in which to cancel the contract if seller and buyer cant reach agreement on repairs. That 3 days passed and buyer has not submitted a cancellation of the contract. Does this mean the buyer must proceed with the purchase or risk losing the EM?

Also, the contract states if the buyer fails to have the property inspected, or fails to provide seller with list of repairs in accordance with this purchase agreement, buyer accepts the property in its current condition. Since the buyer did not have an inspection done, does this mean they accept the property in its current condition as soon as the time passed for them to get an inspection?

Time is of the essence in this contract and they were to order an appraisal 5 days ago, before the 3 day window to cancel

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Answers

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It is in your best interest to discuss this situation with your agent. In CA, if using the RPA, contingencies are removed by taking action. The mere passing of time does not remove the contingencies. Both the buyer and seller agents should understand this and your agent should be able to explain all the details to you.

However, I notice that you are "from" Alaska...this state may have different rules and contracts than California. Again, talk with your agent for clarification.

Sally Blaze
1 vote Thank Flag Link Mon Feb 11, 2013
Hi Dezinno, assuming:

1) Buyer's offer was submitted using the most recent CAR Residential Purchase Agreement (RPA);

2) There were NO changes to contract terms via addendums;

3) At least one of the Buyer's contract contingencies (inspection, loan, and appraisal) HAVE NOT been removed; then, it is quite likely the EMD will be returned. Note the three contract contingencies above require written and "active" removal - passing a certain date does not typically remove the contingency (REO Addendums may remove the "active" element in favor of a "passive" removal).

You should speak to your agent about whether it's time to send a "Notice to Perform".


You may also want to review Para 14F of the CAR RPA which states:

"If Buyer or Seller gives written notice of cancellation ….A Buyer or Seller may be subject to a civil penalty of up to $1,000 for refusal to sign such instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3)." The Seller must release the deposit within 30 days per Civil Code §1057.3"

( Civil Code §1057.3 can be found at http://law.onecle.com/california/civil/1057.3.html )


This is a question your Agent should be addressing and clarifying for you based on what actually occurred. The details and timelines of your contract are unknown; thus, with imperfect information anyone answering this question can only speculate what action should take place.

-Steve
0 votes Thank Flag Link Mon Feb 11, 2013
Let's start with the buyer's loan....is it conventional? VA? FHA? If it's VA or FHA, they can get their deposit back for any reason, so the questions on the inspections and repairs are a moot point.

What is the buyers agent telling you? Are they communicating with you at all?

Cindi Hagley
925-867-4663
Prudential
0 votes Thank Flag Link Mon Feb 11, 2013
Hi Cindi, thanks for your response. No, the loan is not VA or FHA. The buyer's agent enjoys playing the silence game. My agent states he has been trying to reach buyers agent for 5 days with no response.

I did not know VA or FHA can get their EM back at any time for any reason. Doesn't seem fair, does it?
Flag Mon Feb 11, 2013
Cindi Hagley, Real Estate Pro in Pleasanton, CA
MVP'08
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