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Pico Rico Pico Rico is offline
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Default Deadlines Missed for Inspections and Objections, Realtors' Fault, How To Respond


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...
My house was on the market starting early September 2013. I signed a nice
offer in late October 2013. All inspections were completed and objections
resolved. Then days before closing in late November, the lender disqualified
the buyer. I put the house back on the market in May. I had another decent
offer by late July. Per the contract terms and the buyer's request, the
buyer was to receive and consider the old (2013) inspection report. Relevant
dates:

July 26, buyer and seller signed puchase agreement.

August 11, inspections to be completed. Contract states in caps that the
buyer is to order the home inspection. [Buyer still has not ordered either
any home inspection or re-inspection. Buyer pays for the home inspection up
front. Seller is to reimburse this cost at closing. No closing, no
reimbursement.]

August 13, home inspection objections due.

August 14, seller receives objections amendment. The buyer had signed this
on Aug 4.

August 29, currently scheduled closing date.

The Aug 4 signing date was the tip-off to the seller (= me) that
communications had gone awry. My realtor ultimately explained that the
buyer's realtor and he had messed up with what email addresses they were to
use to exchange documents. This resulted in the missed deadlines and 10 days
where activity required by the buyer, going towards completing the sale, was
zero.

My realtor (= the seller's realtor) has said he needs me to sign the
objections amendment. Because the dates are now inconsistent with the
contract, I said no. It would make me look like I had dropped the ball.
Technically I think I may be in my rights to say the buyer has now waived
his right to have a home inspection and the accompanying home warranty. But
it was both realtors who appeared to have screwed up, and I do want to sell
the house. On the third hand, I am pretty angry I have more inspections to
deal with, all while I am trying to pack up and make arrangements etc. I
have met every deadline required of me, the seller. I emailed my realtor
that I wanted him to provide the following response to the buyer's proposed
objections amendment, inserted in the appropriate place in the proposed
amendment:

///
Seller was not emailed buyer's objection etc. amendment [dated Aug 4] until
Thursday evening, Aug 14. Due to apparent missed communications between
buyer's realtor and seller's realtor, resulting in some ten days of delay,
and the apparent necessity of a home re-inspection for a home warranty,
seller requests (1) an extension to Monday, August 25 to complete home
re-inspection; (2) an extension to Wednesday, August 27 for buyer to provide
objections to home inspection report; (3) a change of the closing date to
Friday, September 5 [currently its Friday, August 29].
///


What would be your response to your realtor, if you were the seller?

If there is a real estate google group that might be more appropriate for
this question, please share the group's name.

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I didn't take the time to follow the chronology well, but I would certainly
NOT sign anything with wrong dates. I like your approach to try to keep the
sale in motion by setting a new set of dates. If I were the seller, I would
tell the realtor contracts have meanings, and if there are errors made in
the contract it could come back to bite you. You don't want to figure out
all the scenarios, you just want to set new dates and move forward, thereby
solving the realtor's problem. Otherwise the sale might fall through and he
would have a malpractice action to deal with. This is, after all, really a
realtor's problem. You are just trying to solve it for him in a manner that
does no further harm to buyer or seller.