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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31662
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My wife and I recently entered into a real estate contract

Resolved Question:

My wife and I recently entered into a real estate contract as buyers for a property in a gated community with an HOA and CC&Rs in Washington state. We informed the agents that it was imperative that we receive written approval to install a fence around the swimming pool for security reasons. Both agents were asked for contact information, beginning on the day of acceptance. We were unable to reach anyone in the HOA until after the 15 day period present in the contract, signifying a time where we are obligated to waive refusal of the HOAs. We rescinded our offer when finally told that the HOA committee could not give us an acceptance, even though we indicated that the fence would be acceptable to the CC&Rs. The seller now wants us to forfeit the earnest money and we do not agree. Stone-walling by the selling agent concerning our multiple requests for HOA contact information, and the inability of the HOA members to respond were both at fault, however the seller wants compensation for the 3 weeks that her property was off the market. It has been listed for nearly a year. Help?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Roger replied 6 years ago.

IF getting acceptance of the fence was a condition on your agreement to purchase the property, you're not in breach of the agreement and you're not in danger of losing your earnest money.


If the seller refuses to release the money, you may have to file suit to recover your money.

Customer: replied 6 years ago.
The fence issue was not written into the contract, but was verbally and in written form, stated to the agents within 1 day of offer acceptance.
Expert:  Roger replied 6 years ago.

If it was not written in the contract as a condition, you're not in a good position legally. It is very likely that the contract says that the written conditions constitute ALL of the conditions and agreements between you and the sellers.


If that language is contained in the contract, you can't hold the sellers to this condition.

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