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jj
 
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Default My rights as a seller

Allow me to list a series of events and then ask a question which I am
sure the very wise people in this group can help me with.

This is a vacant house in Ohio - it has been vacant since September.
It has had daily visits and maintenance since being vacant. I have
had a contractor in doing several small job. AC and Heating have been
run when necessary.

- House listed 10/18
- Offer received (countered) and then accepted 10/19
- Buyers agreement signed and exchanged 10/20 by both parties
- Earnest money deposited with agents (only 1000 - purchase price
265000)
- House inspection 10/21 (FAST)
- House inspection report and list of requests and inquires received
10/25

All good so far.

The inspection was comprehensive but very inaccurate on many points.

The major points to note:

- Drains not working
- Well not working
- Electric panel needs replaceing.

The drains, they were serviced (jetted - camera) in July of this
year by Roto Rooter and repairs made to 1 drain.

Well not working - Inspected, serviced and new pressure tank
installed also in July of this year.

Electric Panel need replacing..... This is the first hint - this
was not mentioned in the inspection as an issue!

It turns out the buyer is a electrition (hence the panel!) - the
inspector was his boss and the drain inspector was a good friend. I
raised this obvious potential conflict of interest to my agent and she
was shocked to discover the relationship.

We replyed to the requests and inquires fully and honestly in a
several page document. We referenced the receipts and gave copies for
the well and drainage work completed earlier in the year. We said
that we would not be addressing any of these items - a couple of other
items on the request we said would address.

That was sent 10/26 and in the hands of the buyers agent 10/27 early
AM.

I next had contact with my agent on Friday (10/29) morning asked if
they had reached a decision. She told me the buyers were at the house
with Roto Rooter to get an estimate for the repairs. I was annoyed
because I was not told this was happened and we explained to the
buyers that in our opinion repairs were not warrented. She told me
she would get back to me later that day or tomorrow (sat) to give me
progress. She did not.

I called her last night so I can get an update and she told me the
well contractor did not show up yesterday and would be at the house on
Monday.
I again was annoyed that this occurred and it is still my position
that the buyer can have all the contractors in the house they want -
when they take posession.

After a lengthy, sometimes heated conversation with my agent she
agrees that the buyers agent and the buyers have been less than
cooprative.

I then went over the buyers agreement and highlighted the timeframe
clause to her. The buyer has 3 calander days from the inspection
results and sellers response to either agree, disagree or ask for more
time.

I did not receive *any* notification from them.

I informed my agent this morning that I now consider the buyers
agreement binding and they have accepted my inspection response by not
answering. The 3 days is up and I expect the deal to close in 2
weeks, as per agreement.

--------

I do not care if these buyers squeal and squirm - they tried to
hoodwink me will inspection collusion and because of thier tardiness
they are contractually bound to purchase my house.

Is this accurate? - can I compel them to purchase?

Regards,
Tim