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William B. Esq.
William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3312
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I am selling a home that I rent out. The buyer and I signed

Resolved Question:

I am selling a home that I rent out. The buyer and I signed a purchase agreement with disclosure statement. The buyer tells me last night that she doesn't want the house because of some repairs that she said can't afford.(which she has not come forward with) The purchase agreement had no inspection contingency but I let her have the house inspected anyway. The renters are now ready to move out leaving me with a mortgage and utilities to keep up on till I find new renters.
What course of action do I have ???

State of Michigan Thanks Gene Cudnohufsky
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

If the buyer signed a purchase agreement, and there is no provision or contingency for a home inspection (allowing the buyer to withdraw from the sale following specific issues discovered in the inspection), the buyer is responsible for purchasing the home, and you can hold them liable for this purchase.

Customer:

it said in the disclosure that this is a disclosure only. This is what she is using for her reason to say she is not in a contract

William B. Esq. :

I can't give you a specific analysis of your case, both because I can't practice law through this forum, but more importantly because I cannot review your contract. However, the theory she is advancing does not sound very strong, and so long as you properly and truthfully made all of your disclosures, that is what is required, unless she found something in her home inspection that is contrary to your disclosure (even if it is an honest omission), I do not know how she can claim the contract is unenforceable. The right to rescind following an inspection is an entirely different issue.

Customer:

so even though she may have found something in the inspection she still is liable to purchase the property?

Customer:

She hasn't told us the specific repairs

William B. Esq. :

That is generally the case - the reason it is a good idea to do an inspection as a purchaser is to check out the property before you buy. You can do this by entering a contract that is contingent on the outcome of the inspection, but there is no independent right to an inspection.

William B. Esq. :

If she purchased a piece of property and is just waiting for it to close, when she found costly repairs, that is unfortunate, but she is not protected. AGAIN, this is subject to your sales contract and this is general property contract principles only.

Customer:

we were waiting to close everything else was ready, like the appraisal and title search, just needed to close

William B. Esq. :

Unless she had a right to withdraw based on the condition of the property she is still obligated to buy (the contract is enforceable).

Customer:

Thank you that was the best 50 bucks I spent today. excellent

William B. Esq. :

You are welcome, I wish you the best in this (hopefully she will cooperate and make any further action unnecessary).

William B. Esq. :


Thank you for using our service, please do not forget to rate my answer when you are satisfied. I do wish you the best of luck in this matter.If you have any questions please do not hesitate to let me know and I will follow up quickly.

William B. Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3312
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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William B. Esq.
William B. Esq.
Real Estate Lawyer
3312 Satisfied Customers
I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.