Any recourse on a home seller who decides to take home off market in middle of negotiations?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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."
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