Any recourse on a home seller who decides to take home off market in middle of negotiations?

UPDATED: Sep 30, 2022

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Any recourse on a home seller who decides to take home off market in middle of negotiations?

I have already paid 800 on a home inspection / radon testing as well as paid
for a home appraisal. I requested a few repairs, but seller refused to do any
repairs. Then I made a request for 2500 to cover the cost of repairs and
radon mitigation test came up 4.5. Sellers refused that. Their own realtor
offered to pay the 2500 out of his own commission, but sellers still refused
and then decided to take the home off the market. Do I have any recourse?? I
have spent nearly 1000 on this home already. Home is in Champaign, IL.

Asked on November 11, 2016 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, you don't have any recourse to recover the amounts you spent, such as on testing: you requested repairs or compensation, which he refused to make provide--it was your right to request these things if there was any kind of an inspection contingency, but it is equally his right to say "no." When that happens--the parties cannot agree as to the repairs, etc.--the contract terminates and each party bears his or her own costs up to that point--inspection fees, costs for an attorney (if one was involved), marketing/advertising costs, etc. If you had not requested those things, you could have compelled him to go through with the contract, but when there is an inspection contingency and you request repairs or money, the seller can withdraw, just as you could have chosen to withdraw if the seller refused to make the repairs, etc. but rather wanted you to buy the home "as is."

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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