When a Property Inspection Addendum specifies that the Seller has five days to advise re correction. Buyer withdrew ON A WEEKEND. Buyer gets

Asked by eaglaw2, Gaithersburg, MD Thu Jul 25, 2013

deposit? Buyer had asked whether Seller would do the other repair. Seller's rep was authorized to say yes.

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11
Dmmartin27, Home Buyer, Gaithersburg, MD
Fri Feb 5, 2016
Our inspection addendum provides 14 days for inspection, copy of report & written statement of corrective action. 14 days expired. House was inspected but have not heard anything. It's now past the 14 days. Does this mean the purchaser has to except the house as is? What ramifications do I have as the Seller?
0 votes
Richard Iaro…, Agent, Gambrills, MD
Thu Jul 25, 2013
The answer to the question is in the actual contract that was signed off on by both the buyers and sellers. Anything else on the part of answers here is just speculation. Ask your agent to explain how the home inspection addendum allows either party to take an action.
0 votes
Tony McMahon, Agent, WHITE PLAINS, MD
Thu Jul 25, 2013
Weekend doesn't matter ! Days are days. You are not giving enough information here. Did the buyer and seller both initial paragraph B, of the addendum ? Did the buyer conduct their inspections within the agreed upon time frame ? And did the buyer send over in writing the repair addendum in allotted time frame ? If Paragraph B wasn't used and the seller agreed to the repairs within the 5 day period than you still are in contract. If they didn't agree or respond within the 5 day period than the buyer within 2 days of the 5 day period must terminate the contract or they will have accepted the property as is.

Your agent should be able to advise you on the contract terms
0 votes
Paragraph B was not initialed. The buyer had 14 days to provide us with the inspection report and the items they wanted repaired. They did not respond within the 14 days. Also, when is a contract actually ratified? Does it go by the last date on the contract? Changes where made but the only dates that appear on the contract are the purchasers signature and date Jan 18 and the sellers signature and date Jan 20. The agent says there are emails dating Jan 23. Therefore I am confused as to what date to calculate the 14 day inspection timeframe.
Flag Sat Feb 6, 2016
Craig Rosenf…, Agent, Gaithersburg, MD
Thu Jul 25, 2013
The buyer has the right to withdraw from the contract under the home inspection contingency if the seller or seller's agent has not responded in writing to the buyer or buyer's agent with the acceptance of the inspection addendum. The fact that it was completed over the weekend is a non-issue as the contract states calendar days. However, without having all the details and knowing all the details, no agent here could give you a precise answer. If you have a question regarding it, please consult your agents broker or an attorney.
0 votes
Rick Riley, Agent, Gaithersburg, MD
Thu Jul 25, 2013
Yes, the buyers can withdraw and get their deposit back. Maybe they have changed their minds about the house and the home inspection is their way out. All may not be lost though, because if you are still open to negotiations, you could ask for a meeting with all parties to get a clear understanding of what happened. They may or may not be willing but what do you have to lose?
Sometimes a deal can be saved with better Communication. Good luck.
0 votes
Wendy Banner…, Agent, Bethesda, MD
Thu Jul 25, 2013
Depends what the contract says. In Montgomery Count, MD, where you are writing from, doesn't matter if its a weekend or a weekday if the buyer is still within the time frame. You don't mention whether or not repair was asked for IN WRITING. If it was verbal and within the 5 day contingency period, buyer can still walk. If they put the request in writing for the repair I believe the Seller may be able to sign, accept and return in writing to Buyer IF they haven't received a written notice to terminate the contract.

A real estate attorney may help you sort it through further. Bottom line is it will be hard to MAKE a buyer purchase a home if they decide they don't want it.
0 votes
Jessica Hood…, Agent, Gambrills, MD
Thu Jul 25, 2013
There is no standard answer to this without seeing the contract and specifically the home inspection addendum. Some are written that the buyer has the absolute right to cancel based on the results of the home inspection. Others call for a give and take time period to have buyer and seller work out repairs. If seller had a 5 day timeline to respond and failed to respond within those 5 days then buyer should be able to back out with no penalty. As I understand it, response days include weekends unless otherwise specified in the contract. No easy answer here so discuss with your agent and if need be an attorney.
0 votes
Piero Marinu…, Agent, Silver Spring, MD
Thu Jul 25, 2013
You are leaving out a lot of necessary details, but one thing is for sure: whether or not the sellers rep was authorized makes no difference to the buyer. If there was no written notice or response, then there was no response.
0 votes
Derek Colen, Agent, Gaithersburg, MD
Thu Jul 25, 2013
Even if the seller agrees to fix repair they still can walk away as long as its within the contingency period
0 votes
Derek Colen, Agent, Gaithersburg, MD
Thu Jul 25, 2013
A buyer has the right to walk away from contract and get back deposit per section b of the home inspection contingency.
0 votes
Akil Walker, Agent, Upper Marlboro, MD
Thu Jul 25, 2013
Hi Eaglaw2,


I am a little confused did the seller fail to respond within the 5 days? If the seller agreed to the repairs why would the buyer ask for the deposit back?
0 votes
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