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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23978
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I had a contract set up for closing 1 August 4pm. Upon the

Customer Question

I had a contract set up for closing 1 August 4pm. Upon the final walkthrough the home was in shambles, the broomclean status incomplete every room had a items on the floor, hair in bathroom, dryer still with dryer fuze, oven still had baked on split grease now blacken, the pool bottom covered in slug and bacteria climbing the wall, the advertisement lists full wet bar and wine cellar both stripped out of the wall and taken, big brown circle stain on white wall (suspect early on set of mold), filthy partial basement with left open chemicals and pesticides......... Of course I didn't sign the closing and now the owners wish to sue me. Claiming that because the house didn't sale, they couldn't same day close on their next house without those financial gains. Any advice for me regarding Virginia law
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 4 months ago.

Good morning. I certainly understand the situation and your concern. What did the seller say when you addressed all these issues? Why was the home in this condition and did they offer to do what is needed and extend the closing date?

Customer: replied 4 months ago.
The seller claimed what's in the attachment. The seller waited unfortunately until closing day to finally get out of the home. I have been completely drained by this having stayed in lodging since 24 June waiting for this house. Their offerings aren't accepted and a few days to late...I've extended my lodging fired my realtor and wish my $3000 earnest money returned. I can't tell you how many times my credit reports been hit by this AND I'm military with only a few wweeks left before thousands of pounds of government paid storage is converted to my expense. Bot***** *****ne they've had more than enough time in my opinion to properly ready this house for sale...they didn't. I have over thirty photos to prove it.
Customer: replied 4 months ago.
Some more photos and plenty more on my other cellular
Customer: replied 4 months ago.
No proof has been provided that the fence nor roofing agreed repairs are completed...in fact my other phone holds photos of this swayed fence and still unfixed connections
Customer: replied 4 months ago.
Ratified contract
Expert:  RealEstateAnswer replied 4 months ago.

Thank you. Allow me a moment

Customer: replied 4 months ago.
Internet marketing verbiage
Expert:  RealEstateAnswer replied 4 months ago.

At this point, it will up to the Judge to decide. The attorney addressed your concerns and responded but at the same time, you have photos to document the condition of the home. The seller should have remedied this and corrected the problems. It is important to remember that the home is not going to be perfect. The issue with the stove, could have been cleaned or you could have received a credit at closing, for the cleaning. Moreover, the home needed to be turned over in broom swept condition but if there were issues/stains on things when you inspected the home and those were there from the start and nothing was stated in the contract to fix those problems, you would take the property "as is". You can argue that home was not delivered at closing as required under the contract, which was a breach by the seller and you could have a counter claim and sue them. The fact that they could not buy or close on another home as a result of this, may not be recoverable, unless this was known and agreed to by you and a condition of the contract. They can seek to sue for damages suffered, as a result of not closing ( i.e. lost profit and costs in having to relist it) but the Judge may not award them damages because they decided to try and buy and sell at the same time, knowing there could be issues.

Customer: replied 4 months ago.
Do I have a timeframe in which to deny (3daysfollowing closing original date) as seller did breach...even broom swept condition as shown in lawyers photos
Expert:  RealEstateAnswer replied 4 months ago.
I am not sure I understand. Can you please clarify your question / concern
Customer: replied 4 months ago.
How long do I have to notify seller we no longer wish to continue on this property
Expert:  RealEstateAnswer replied 4 months ago.
Once the issues were known the parties should have addressed at the closing and corrected them. As I shared a credit could have been given or an addendum could have been signed whereby they agreed to correct this afterwards. As long as the lender will still allow you to obtain the loan you can set another closing date to avoid any issues and proceed. If you do not want to then failure to close is enough that you will not proceed cause they failed to perform
Expert:  RealEstateAnswer replied 4 months ago.

I just wanted to follow up and see if there is anything else I can answer or clarify. I am here to help so please let me know