Can a seller back out of a sale after accepting an offer and going through inspection?
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Can a seller back out of a sale after accepting an offer and going through inspection?
I recently placed an offer on a home with my fiance and the offer was accepted by the sellers. We proceeded with the older section and after the home inspection with him pleaded we requested items to be picked up defective in the se we proceeded with the home inspection and after the home inspection was completed we requested items to be repaired that came up defective in the inspection. The sellers have refused to fix items or lower the price of the home purchase. Our realtor is saying that this deal could potentially fall apart if we don’t agree with their terms. I want to
make sure what I am being told is true. Our realtor also told us that they were in a pinch so the seller would like to fix the home repairs but he is not a certified or licensed contractor.
Asked on April 19, 2019 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you had an inspection contingency in the contract, you have the right to get out of the contract if the issues found during the inspection are not fixed. That gives you leverage: most sellers will make the repairs (or lower the price/give you a credit) rather than lose the sale. But the seller does not have to do this: the seller could refuse to do anything and force you to decide if you will walk away from the purchase or buy the home as it. The inspection contingency does not compel the seller to make repairs, but only gives you negotiating leverage by giving you the right to walk away from the sale. But a seller can refuse to negotate, make repairs, or give you a price reduction, and put the ball back in your court to decide how much you really want the home.
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