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I sold my home FSBO. The buyer had a home inspection and

I sold my home FSBO...
I sold my home FSBO. The buyer had a home inspection and terminate inspection both passed without problem. We set closing for 8/15/17. We moved to our new home 8/9/17. The buyers wanted to redo the hardwood floors and asked if they could have access to the home on 8/12/17 and we said okay. They moved their property into the garage and on the 14th began redoing the hardwood floors. That same nigh, 8/12/17, it rained and the backyard drains did not work. I was notified and found they were not working properly. This was due to needing to reroute our drains because of a new home constructed on the north side of the house. We were unaware of the problem until they pointed it out. We postponed closing on the 15th until the problem was fixed, which was my idea because I wanted it corrected first. Today I had a drain contractor out for an estimate to repair the problem. He has been in the business 32 years and said he could fix the problem for 3900.00 with a 10 year warranty. The buyer said he would not close until he saw that the new drain worked, he is not satisfied with the contractor credentials or the warranty and even brought up his concerns of foundation damage due to the 3 rains that came up on the brick.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Oklahoma. My position is once the drainage problem is fixed we close in August or he moves out of the property. The drain work starts Monday and should be finished by Tuesday at the latest.
JA: Has any paperwork been filed?
Customer: What kind of paperwork? Except for the real estate contract, which is at the title company, everything else is word of mouth.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have tried to be a nice guy by letting them have the property prior to closing and the buyer is trying to hold me hostage.
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Answered in 6 minutes by:
8/18/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,712
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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You just have a duty to correct the problem. You don't have to get the buyer's approval or acceptance about who you have do the work. If they do a lousy job, the buyer can come back and sue you and the contractor for damages. But right now, once you get the drains fixed, then there is nothing to prevent you demanding that the closing occur.

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If the buyer decides that they aren't happy, then you will have to give them a written 30 day notice to vacate, and then pursue a formal eviction to get them out. Then you would have to sue them for any damages to the flooring in the house that they never bought..

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That is why you never give the buyer possession of the property until after closing and you have been paid...

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As an aside, in addition to being an attorney, I have also been a licensed Realtor for over 15 years...

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thanks

Barrister

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Customer reply replied 3 months ago
Thanks! I screwed up by letting them have access to the property, I agree, kicking myself in the ass. I would be in line to tell them that we will close in August and let them give us dates that work for them and if they don't show they have 30 days to vactae?

Yes, I hate to hear when someone's good deed turns around and bites them... But yes, you need to be firm and go ahead and I would give them a 30 day written notice immediately. That puts them under the gun to either close or get the heck out.. It removes their negotiating power because you have set a deadline that is concrete..

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thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
Thank you very much for your advice. Is there anyway to get back in touch with you if i need further advice ?

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work. Bonuses are optional, but are highly appreciated.

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Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,712
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you!
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,712
38,712 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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