+1 And the fact you even requested it after waiving the right to inspect would have me wary of you. I would not be going above and beyond before closing for any reason. No letting you sneak in a couple weeks early to take measurements for contractors or leaving manuals and logs of home repairs. You’d get the keys and that’s it. I say this as someone who did a pre-inspection and did not ask for any repairs to get my house. Either walk now and let them keep your deposit or go through with the sale per the contract (i.e. no inspection). |
| Dumb and unethical is no way to go through life, son. |
Then what is? |
I mean, in this market, a house is worth what someone pays. It sounds like you have cold feet and are looking for a reason to get out. Is the inspection a way to do that, or do you just want an informational inspection? If you want out and know that now, talk to your agent to see what can be done. It's possible they had a back up offer and would be willing to negotiate. Also possible they'll want to keep you EMD. Or sue you. In which case you're up a creek. |
Essentially except: I can afford them but if there are big ticket things and I already overpaid it will not be worth the money on this house which by the way also requires renovation of 2.5 baths and a kitchen, plus landscaping of a 0.4 lot. |
That’s actually not true. Buyers often think it is but they sellers can tie you up legally and in theory you could be forced to close. We had buyers walk bc they found something else came on while they were under contract. We got a lawyer and it was a mess. We ended up letting them out but could have pursued it. This was in dc - maybe other states are different |
The contract specifically says their damages are limited to the deposit. |
Reading between the lines, it sounds like there was a contract in August that had a bad home inspection and THAT buyer walked. It sounds like the seller addressed the inspection items and shared the inspection with subsequent buyer. My guess is they'd be in NO mood to let someone else walk without consequence. And I doubt there is a backup offer under the circumstances. OP, it's normal to have cold feet. It will almost certainly be fine. Ignore the online valuations. They're all utter bullshit. If you're really curious, pay for an actual appraisal (which you may be doing anyway if you're going to have a mortgage). |
I would still consult a lawyer. |
OP here. Wow. I’m a first time buyer and my agent didn’t even suggest that this was the scenario. |
You're wrong about that: : Buyer and Seller agree to perform at Settlement in accordance with the terms of this Contract and acknowledge that failure to do so constitutes a breach hereof. If Buyer fails to complete Settlement for any reason other than Default by Seller, at the option of Seller, the Deposit may be forfeited as liquidated damages (not as a penalty) in which event Buyer will be relieved from further liability to Seller. If Seller does not elect to accept the Deposit as liquidated damages, the Deposit may not be the limit of Buyer's liability in the event of a Default. If the Deposit is forfeited, or if there is an award of damages by a court or a compromise agreement between Seller and Buyer, Broker may accept and Seller agrees to pay Broker one-half of the Deposit in lieu of the Broker's Fee, (provided Broker's share of any forfeited Deposit will not exceed the amount due under the listing agreement). |
| Did your agent encourage you to submit without an inspection contingency? Why didnt you preinspect? |
| ^with respect to their having an on-hand inspection because of a failed sale I mean. It wasn’t listed in August, but maybe it was a pocket deal. It’s possible they wanted not to pay an agents fee and tried FSBO with someone they knew. |
Yes and to overbid. |
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