Can the seller fix home inspection issues to keep the contract?
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Can the seller fix home inspection issues to keep the contract?
Signed papers to sell house contingent on
financing and a home inspection. The financing
was approved and the home inspection
showed some minor issues. Seller agreed to fix
minor issues and give a credit. Buyer backed
out of agreement and kept hand money. What
can the seller do
Asked on July 16, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It depends on exactly what the contract of sale said in this regard. If it gave the buyer the right to terminate the contract if issues were found regardless of whether or not the seller agreed to fix them--which is NOT usually the case, but would be legal if this contract said that--then the buyers can back out. But if the contract only allows the buyer to back out if the issues are not repaired, then if the seller repairs them, the buyer can not terminate if the contract. If the buyer "backs out" of the contract in this case, despite the seller agreeing to make the repairs, the buyer would be in breach of contract, and the seller could sue them to force them to go through with the sale and/or for monetary compensation.
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