Can I get ernest money back if pre inspection work not completed by closing date?

Asked by John Rourick, Tacoma, WA Wed Jul 2, 2008

Help the community by answering this question:

+ web reference
Web reference:


Mark C. Smith, , Fernandina Beach, FL
Wed Jul 2, 2008
Hi John, Well that all depends on what contract you used and how it was written hopefully you used a good, knowledgeable agent in your area and it shouldn't be a problem. In the contract under maximum repair amounts paid by seller, if this other work along with any completed repairs does not exceed that amount and the seller's agent and/or seller had been notified in writing during your inspection period of the work you should have some cause, but by no means is this legal advice. So again, hopefully you used a good real estate agent and can consult them and let them handle it for you, if not a good local agent's broker may give you a courtesy review of the contract and what they would do, or if those don't work or your in a hurry contact a good local Real Estate attorney and get their opinion. God Bless, Mark
0 votes
Krista Abshu…, Agent, Fuquay Varina, NC
Wed Jul 2, 2008
As always it is important to know that things work differently in different states. My answer refers to how things commonly work in North Carolina. If by "pre-inspection work" you mean items that you made the seller aware of due to a home inspection then it depends on what the particular items were. If the items identified were "built-in appliances,electrical system, plumbing system, heating and cooling system, roof coverings, porches, decks, fireplaces, flues,crawl space, attic ventialtion systems and water and sewer systems. " These items shall all be performing the function for which they are intended and not in need for immediate repair. There also shall be no friable asbestos or existing enviromental hazards and no unusual drainage or excessive moisture adversely affecting the structure.

If the seller was notified that these types of items were not functioning and they did not make the required repairs then the buyer should be able to get his earnest money back. It is also important to know that there area contractual deadlines regarding when the repair requests have to be responded to by the seller and the buyer. Another important note is that when youare negotiating the repairs you should state in the repair contract that the work should be completed prior to the closing date.

Best of luck!
Krista Abshure
Century 21 Becky Medlin Realty
0 votes
Search Advice
Ask our community a question

Email me when…

Learn more