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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55278
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I am a realtor. I have a closing tomorrow and we did the

Customer Question

I am a realtor. I have a closing tomorrow and we did the walk thru today. Buyer saw a puddle on the floor in the bathroom and buyer's agent suggestion the inspector come back out tomorrow to look at it. My seller says no way, they did their due diligence and already had an inspection done. It's an as-is contract - do we have to let them come back with the inspector?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Richard replied 8 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 8 months ago.

Hi Carly. Unfortunately, you will have to allow an inspection. If there has been any material adverse change in the condition of the house either from the time of the inspection and closing and/or from the date of the seller's disclosure and closing. A puddle on the floor is clearly potentially a material issue and the fact that the seller doesn't want to either disclose the problem and/or allow the buyer to have an inspector look into it only raises a red flag. It's to the seller's advantage to do this as well because if the buyer closes and there is a problem that hasn't been disclosed to the buyer, then the seller is going to face a fraud lawsuit and be subject to actual and punitive damages. If it's nothing, the seller shouldn't be concerned; if it is a problem, the seller needs to get this out in the open before closing so the parties can deal with it.

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