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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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We were purchasing a home and it did not go through. Now the

Customer Question

We were purchasing a home and it did not go through. Now the realtor of the seller is using our inspection of the property that we paid $375.00 for to resale the home. So we are paying for the inspection for the buyer.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that you find yourself in this situation. However the answer that I will provide you with will likely not be what you hoped to hear so I ask that you do not blame the messenger. The fact that you conducted the inspection does not necessarily mean that it is purely 'yours'. Unless and only unless at the time the inspection was made you stated, in writing, that this inspection cannot be used by a third party, that inspection can be used by the seller for subsequent buyers, and there is no obligation for the seller to reimburse you. You can demand reimbursement only if the sale did not occur due to some sort of bad faith on part of the seller, but if the reason the purchase did not occur was over something that was unrelated to the seller (such as that you were not able to qualify for a mortgage), using that inspection is permitted...and there is no duty on part of the seller to destroy that report either with or without you being present.

Sincerely,

Dimitry, Esq.

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