Home inspection clause -- HELP! :(

[Anonymous]

OP, read your contract. In bold capital letters there is a sentence that says "no right to negotiate" in the general inspection clause section of the addendum of clauses.

[Anonymous]

And the home inspection notice is not used in a general inspection situation.

[Anonymous]

I'm confused. You have an executed contract. Your request for repairs is a request to change the contract. It seems to me there are two options for the seller. Agree to negotiate at which point everything is up for negotiation, or say no. If they say no, you would still have a ratified contract. Am I missing something? How can you just void a contract if someone asks for a change?

[Anonymous]

OP, if you do not want the house back out. If you want it, this is what you agreed to. You agreed to an as-is house with an inspection for information purposes only. You are not being reasonable by asking for fixes when you knew it was an estate sale, sitting for a few years, etc. Buy a home warranty if you are concerned.

[Anonymous]

Anonymous wrote:I'm confused. You have an executed contract. Your request for repairs is a request to change the contract. It seems to me there are two options for the seller. Agree to negotiate at which point everything is up for negotiation, or say no. If they say no, you would still have a ratified contract. Am I missing something? How can you just void a contract if someone asks for a change?

+1000

[Anonymous]

From the Home inspection Clause, the seller may (upon receipt of the Home Inspection Notice):
" (iii) Deliver Notice that this Contract will become void at 9pm on the 3rd Day following Delivery, unless the recipient delivers to the other party Notice of the acceptance of the last Delivered offer prior to that date and time, in which case the Contract will remain in full force and effect."

It means nothing in the context of this contract od "as is" OP did you go into this thinking that you could negotiate this?

[Anonymous]

Anonymous wrote:OP Here.

All I'm asking is for clarification as to what the bolded part of the contract means (in my original post). I'm not sure why a few people here are getting angry and taking this personally.

Because you seem to willfully not understand. I am beginning to understand why your agent is not taking your calls...

[Anonymous]

Anonymous wrote:I think other people are expressing anger because it appears as if you won the bid BECAUSE you did not have an inspection contingency, and now you are backtracking on that.

There's a reason why sellers go for the bid with no inspection contingency (or just an information-only one). And it is not in good faith if you enter into the contract and win the bid because of that, but then you want to negotiate repairs.

Yes. How can the seller legally give a leg up to this buyer by changing the terms/conditions of the sale for JUST this buyer?

[Anonymous]

It sounds to me as though it's a totally improper request given the terms/conditions of the sale of this property and no agent in their right mind is going to have a thing to do with it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I'm confused. You have an executed contract. Your request for repairs is a request to change the contract. It seems to me there are two options for the seller. Agree to negotiate at which point everything is up for negotiation, or say no. If they say no, you would still have a ratified contract. Am I missing something? How can you just void a contract if someone asks for a change?

+1000

Because there is no executed contract if the buyer presents a request for a change. The buyer has, in effect, created an addendum that changes the contract and presents a whole new offer to the seller. Seller doesn't have to accept and can void the contract.

[Anonymous]

OP Here (my last post, for obvious reasons!)

Why are some of you so high strung today? I'm still going through with the sale! You make it sound like I've stolen this house from you. It's East of the River, people, I'm sure 99% of you have never set foot past Eastern Market.

[Anonymous]

Anonymous wrote:OP Here (my last post, for obvious reasons!)

Why are some of you so high strung today? I'm still going through with the sale! You make it sound like I've stolen this house from you. It's East of the River, people, I'm sure 99% of you have never set foot past Eastern Market.

Good luck with your purchase Op. I have a thing for older houses, myself. There is a real history within those walls. I hope that you can roll up your sleeves, tackle those problems, fix it up and enjoy it for years to come. Congratulations!

[Anonymous]

Anonymous wrote:OP Here (my last post, for obvious reasons!)

Why are some of you so high strung today? I'm still going through with the sale! You make it sound like I've stolen this house from you. It's East of the River, people, I'm sure 99% of you have never set foot past Eastern Market.

Agent again. I hope I didn't sound high strung, I didn't mean to. It's tough to whittle these things down to specific contract language in this market because sellers are all wacky and think they can do what they want anyway. But you got the point of it. And you want to see high strung, jeez, go into the expectant moms forum and post that you would never want to breastfeed your baby. Watch what happens there, it's partly hilarious and partly just...sad.

Good luck OP. I still maintain your agent could verbally float these issues over to the seller's agent to get a read on what they might say back. If nothing's in writing then you haven't in effect "replaced" the contract to one with an addendum, and you would still be fine to go ahead and purchase the house.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP Here (my last post, for obvious reasons!)

Why are some of you so high strung today? I'm still going through with the sale! You make it sound like I've stolen this house from you. It's East of the River, people, I'm sure 99% of you have never set foot past Eastern Market.

Agent again. I hope I didn't sound high strung, I didn't mean to. It's tough to whittle these things down to specific contract language in this market because sellers are all wacky and think they can do what they want anyway. But you got the point of it. And you want to see high strung, jeez, go into the expectant moms forum and post that you would never want to breastfeed your baby. Watch what happens there, it's partly hilarious and partly just...sad.

Good luck OP. I still maintain your agent could verbally float these issues over to the seller's agent to get a read on what they might say back. If nothing's in writing then you haven't in effect "replaced" the contract to one with an addendum, and you would still be fine to go ahead and purchase the house.

Here is what I might be worried about as a seller and why I might act "high strung", "wacky": I'm selling my property "As is". It's an estate sale, I haven't lived in the property myself, I don't know if there is anything wrong with it, I just want it sold and I don't want to have to do repairs. I make my terms clear: As Is. Can't get more clear than that, right?

A buyer accepts those terms and places an offer, outbidding others in the process. I accept the offer relieved that things are moving forward. Next thing I know, the buyer is asking me for 600 bucks - half of the cost to treat a termite problem. It's only 600 bucks - and I might even be tempted to fork it over just to get it over with - but if I agree to go half on treating this termite problem what happens if the buyer starts removing paneling, opening up ceilings and finds even more extensive termite damage. Will I be on the hook for those repairs, too?

And what about all of the buyers who were truly ready to buy my place "As is". Is it fair for me to grant an exception to the rules to JUST this one buyer and fix things for them but not the others? Maybe the others would have offered more and outbid OP if I had given them all a chance....

Maybe one of those buyers will get mad and accuse me of illegally favoring the Op in my home sale. What would happen if they did that?

OP's request seems so straight forward and so honest - it's terrible to jump on her/him (sorry, Op). At the same time, it seems that such a request could put the seller in a difficult position.

[Anonymous]

Anonymous wrote:OP Here (my last post, for obvious reasons!)

Why are some of you so high strung today? I'm still going through with the sale! You make it sound like I've stolen this house from you. It's East of the River, people, I'm sure 99% of you have never set foot past Eastern Market.

If I were the Seller and had to deal with your endless non understanding of simple facts, I would move on to the next buyer ASAP. Where ever you were buying. Unless it was Anacostia.