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-   -   Deadlines Missed for Inspections and Objections, Realtors' Fault, HowTo Respond (https://www.diybanter.com/home-ownership/373522-deadlines-missed-inspections-objections-realtors-fault-howto-respond.html)

[email protected] August 17th 14 06:28 PM

Deadlines Missed for Inspections and Objections, Realtors' Fault, HowTo Respond
 
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 resolve. Then days before closing in late November, the lender disqualified the buyer. I put the house back on the market in May. I had a 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:

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) said he needed 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:

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


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