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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37031
Experience:  Texas Attorney for 30 years dealing in real estate
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The home inspection was done late it was after the 17 day

Customer Question

The home inspection was done late it was after the 17 day period because my realtor did not advised me that there was certain milestones or time line that needs to be followed. There was some things that came out of the inspection report 2 cracked windows a few damaged roof tile etc. The owner will only give credit for $1000 which is not enough. I'm asking for $2500 this is to cover some of the item in the inspection report and other unforseen damage after they move out. We are past contract terms and currently asking for extension due to a check that we are waiting to clear. The seller just sent a demand to close escrow in 3 days which is doable for me. But due to the dispute in repair cost. I'm contemplating to cancel the sale transaction. If I do do I have a chance in getting my deposit back?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 3 months ago.

Here if you were late on the inspection you have right to close here and get the $1k offered under the contract by seller.Otherwise if you don't close you breach here and the seller gets to keep the earnest money.Please don't shoot the messenger.

You can file a real estate complaint and may have civil claim for professional negligence against realtor in this matter.But as far as existing sales contract you either close here or walk away from earnest money.Those are your options based on what you present.

I appreciate the chance to help you today.Thanks again.Have a great labor day weekend.

Expert:  Ray replied 3 months ago.

You can file a realtor complaint and sue realtor if they did not notify you of the deadlines

http://www.dre.ca.gov/Consumers/FileComplaint.html

You can see if the realtor would agree to make up the $1,500 you would loose from closing out of her commission.

I am so sorry you have had this happen.

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