Vince Guyott, Home Buyer in Saint Louis, MO

when the seller doesn,t comply to the gas inspection or county inspection by closing , what can be done?

Asked by Vince Guyott, Saint Louis, MO Thu Sep 4, 2008

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Justin Taylor, Agent, Clayton, MO
Thu Sep 4, 2008
First it depends on your contract. If you have a Residential Standard Contract. You can back out of the contract with earnest money to be returned to you. (look under Remedies Paragraph 13) You may also make the title escrow money and hold money out of the sellers funds to pay for those items and any issue that you may run into. It all depends what you have in writing. Paragraph 7 states that the Seller agrees to provide to Buyer at Closing a certification from Laclede Gas, not dated more than 30 days til closing. Paragraph 9 states that the seller shall pay for(where applicable municipal, conservation district and fire district inspection fees. I would be talking to your agent about this issue. Do not close until the issue is resolved either in escrow or the items are completed. If you need anymore help Vince, give me a call at 314-280-9996.

Justin M. Taylor
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Dale Weir, Agent, Chesterfield, MO
Fri Sep 5, 2008
did you specify CLEAR inspections, or just that inspections would be done? Did the seller come back within their time line and state that something would not be done? Was it a special sales contract or a regular residential sales contract? What reason did the seller or their agent give for not complying? Which county is involved and is a county inspection required or a municipal (city or town) inspection required? Is it a short sale? or a foreclosure? in either case, they seldom take care of anything (you are lucky if they even do the inspections.) Your agent should be talking to you and to the other agent. If the agents can't get it resolved, then the brokers need to be talking.

Finding a home for a buyer or a buyer for a home is the easy part of an agent's job, it's getting a home to a successful closing that is our real work and where we earn our money.
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Stephanie Hug, Agent, Saint Louis, MO
Thu Sep 4, 2008
Closing does not relieve the seller of his or her obligations stated in the sales contract. Unless it is written somewhere on the contract that the seller will not comply with the inspections, they do need to be performed. The items predicated on the county inspection are subject to negotiation. The seller does not HAVE to fix everything, but must state in writing what they do not intend to take care of. If you do not accept those terms, you have the right to back out of the contract with no penalty. So while the seller is legally obligated to comply even after closing, and you can sue them if they do not, its much easier to get things done prior to closing.

Good Luck.
Stephanie Grossman
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Pete Elsner, Agent, Kirkwood, MO
Thu Sep 4, 2008
Why didn't the seller comply? Was the contract written on a Residential Sales Contract or a Special Sales Contract?
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Ann Cordeal, , Saint Louis County, MO
Thu Sep 4, 2008
If your contract was written on a St. Louis Association of Realtors contract form, it is the sellers' responsibility to do both the gas inspection and the county inspection prior to closing unless something to the contrary was written in. You need a county inspection in order to get an occupancy permit. Before refusing to close on the property, you should consult with an attorney.
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