Asked by Sue Bloom, Danville, CA • Sun Nov 18, 2012
We were in escrow. The day we were to release continguencies or cancel purchase agreement (Day 17), we sent seller CAR CC with reasons: Seller Improper Disclosure. Non-disclosure; As permitted by paragraph 14 and Calif Sec Code 1102.3.
(Seller gave us Disclosures that were not correct; Seller did not disclose water leaky pipes causing damage upstairs bath and dwnstairs ceiling den. We sent Seller Addendum to correct misinformation on TDS and SPQ. Seller again refused to disclose water intrusion. Seller stated CLUE report false yet Seller paid $500 deductible to Ins Company Dec 2009 for water intrusion verified by Ins). Thus, we sent the CAR CC document which Seller agent advised Seller not to sign. Seller made up new CAR CC with paragraph 1 "mutual agree cancel" and instructed escrow to return our $10,000 earnest deposit, Seller will pay $695 home inspection fees. Seller threatened to keep $10,000 earnest dep unless we sign Seller CAR CC. Seller said Seller gave us NBP but did not.
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