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I sent the Seller my unsatisfactory conditions home

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inspection list on 11/23....
I sent the Seller my unsatisfactory conditions home inspection list on 11/23. Per the purchase agreement, they were required to respond in writing within five days. If they didn't respond within five days, I was required to terminate the contract within two days.Now, I am attempting to respond to the seller. My agent wants me to complete a Mutual Release of Obligation Under Contract of Sale. However, I think I should complete the Unilateral Termination form because I don't need the seller's permission to terminate this contract. I have the right to terminate it due to their lack of response.Which form, Mutual Release or Unilateral Termination, should I complete?
Submitted: 7 months ago.Category: Real Estate Law
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11/29/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,399
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. In your case, you have the option to complete either the mutual release or the unilateral termination. However, you are not obligated to fill out the mutual release one. Without understanding all of the issues, I can't give you specific advice as far as which one to fill out; however, I can tell you that because the seller did not meet the requirements according to your contract, you now have the option to terminate the whole agreement. I would probably strongly consider thinking about how much you would like the house, whether you could get the seller to fix the unsatisfactory items, and whether you could get the seller to come down on the price so you can get the items repaired yourself. Regardless, the choice is yours. What other questions did you have for me?

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Customer reply replied 7 months ago
But if I complete the mutual release, I'm not released unless the seller signs as well, correct?
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

That's correct. It's "mutual" so both of you would have to agree. If the seller is having trouble getting back to you about these things, you may want to consider going with the unilateral termination. If you want to start up a new deal with the seller later on, you can always do that generally. Does that make sense?

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Customer reply replied 7 months ago
it makes perfect sense to me. My realtor is being very pushy about me doing the mutual release, not the unilateral?
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Yeah, I couldn't tell you why the realtor would be pushing for the mutual release. It's likely to try and save the deal at some point or to limit their own liability in some capacity. I'd have to see the entire contract to know for sure, just know that you don't have to sign it at all under these circumstances. You can sign the unilateral one if you want. Did you have any other questions for me?

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Customer reply replied 7 months ago
My real estate agent is refusing to send the Unilateral Termination form and will only send the Mutual Release form to the seller. Am I legally able to send the unilateral form to the seller directly by myself?
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Yes, you can send it yourself unless there's some agreement that specifically says that the real estate agent has to do it. That is not probable, but check anyway.

You may want to consider just writing a formal demand letter to your agent to request this document. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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