Asked by Susan, San Diego, CA • Sun Feb 1, 2009
Will I lose my earnest money? Did I have a right to cancel escrow due to the seller's failure to complete repairs prior to the closing date?
Reasons for canceling: I waited a long time to receive disclosures regarding the HOA (disclosures I didn't receive until after signing the contingency removal). A few days later, we received serious negative information about the HOA. On that same day (which was two days before our closing date) the seller sent an addendum requesting to extend escrow. They did not sign this form. We felt manipulated by the seller because they contractually agreed to do the repairs, but then via email they refused to complete those repairs until we removed all contingencies. Then, after hastely signing the contingency form, the seller refused to order the work repairs unless we signed the addendum extending escrow. Because the seller failed to complete repairs required by the VA before our closing date, and the new HOA disclosures, we decided to cancel escrow.
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