I have am supposed to close escrow on a condo in California tomorrow. The selling agent agreed to fix one thing in the place, which was supposed to be done on Monday. She did not inform us whether the fix was done, she is not returning our calls, and she took off the lockbox to the place (meaning that we can't check to see if the repair was done, nor can we do a final walk through, as specified in the contract). What are my legal rights here? Should I still go forward?
2007-01-25 02:26:09 · 16 answers · asked by Laura M 2 in Business & Finance ➔ Renting & Real Estate
Clarification: Yes, the contract states that I have the right to a final walk through. I do have an agent (a good one!). We will call the seller's agent's broker today! Thanks for the advice.
2007-01-25 02:52:08 · update #1
Good news... we called the agent's broker (as per the advice below) and are doing the walk through this afternoon!
2007-01-25 06:35:33 · update #2
If you have representation, your agent, if you're represented, or you must contact the selling agent's broker to report them for their own failure to perform.
Is the agent the selling party or are they representing the seller.
The wording that the "selling agent agreed to fix" as opposed to the "seller agreed to fix" makes me question this.
As should be specified in your contract, you have the right to inspect the property via a final walk through to ensure the property is in the same condition as when you offered to purchase it; including the inspection of items cited for repair(s).
Should that not be possible, to no fault of your own, the seller is in default. Your agent should instruct escrow, via a written statement from you, that they are not to close. The lender may or may not make this a final condition to fund as well.
You have recourse, per your contract. Have your agent explain to you fully; assuming you're represented. If not, contact the escrow company and meet with them in person.
If you still want the property, again assuming you do, do what you need to do to ensure the property is the same as when you offered to purchase it - and complete the final walk through.
All the best to you!
GREAT NEWS PER THE UPDATE! GOOD LUCK AT THE WALK THROUGH!
2007-01-25 02:45:11 · answer #1 · answered by ☼High☼Voltage☼Blonde☼ 4 · 1⤊ 0⤋
What an odd way for an agent to act! You can still go ahead with the finalization, however, if your lawyer is involved in the contractual finalization, ensure that he indicates within the contract that this finalization is pending your visual approval of all agreed upon repairs/replacements as discussed with the Agent (indicate her name in this).
This then holds off any finalized transfer until you are able to actually view the repairs for yourself. There is a possibility that the agent has become ill or something which has been stopping her from corresponding with you (give the benefit of the doubt here until proven otherwise).
If you still aren't able to complete this inspection, if the repair is a minor one that you are certain can be completed by a professional that you choose...and you are willing to do that, just take the price of the repair cost off the final price you will pay and cite the reason for doing so.
If you still can't get anywhere with this...if the place isn't a must have one, then you might consider walking away and searching else where with a new agent.
Good luck
2007-01-25 02:36:53 · answer #2 · answered by dustiiart 5 · 0⤊ 0⤋
What an unusual way for an agent to act! attainable bypass ahead with the finalization, although, in the experience that your criminal specialist is in touch interior the contractual finalization, ensure that he exhibits interior the settlement that this finalization is pending your seen approval of all agreed upon upkeep/replacements as stated with the Agent (factor out her call in this). This then holds off any finalized move until eventually you're waiting to really view the upkeep for your self. there's a probability that the agent has grow to be ill or some thing which has been preventing her from corresponding with you (provide the great factor about the doubt right here until eventually shown in the different case). in case you nonetheless are not waiting to finish this inspection, if the restore is a minor one which you're particular would properly be achieved through a specialist that you go with...and also you're keen to attempt this, only take the fee of the restore value off the stunning fee you will pay and cite the reason behind doing so. in case you nonetheless can't get everywhere with this...if the position isn't a ought to-have one, then you genuinely may evaluate strolling away and searching else the position with a clean agent. good luck
2016-10-16 02:16:42 · answer #3 · answered by weatherford 4 · 0⤊ 0⤋
The agent and seller are responsible for honoring the terms of your contract. Call the agent's broker and demand a final walk through. The agent is behaving unprofessionally if not unethically.
You have a legal right to the terms as agreed in the signed contract. No walk through, no closing. If they attempt to void the sale because you refuse to close without the walk through you may have cause for a breech of contract suit.
2007-01-25 02:34:53 · answer #4 · answered by Anonymous · 2⤊ 0⤋
You are well within your rights to acquire a final walk through. Let the agent know that you will not close until this is done. The only people this would hurt would be the agents (losing commission) and the seller of the property. You are better off knowing what you are getting into.
2007-01-25 02:30:46 · answer #5 · answered by supergirl2243 1 · 1⤊ 0⤋
Walk away. If you can't check the house than there is no reason to assume the work is done. She has already violated the contract. Going forward now would just be wishful thinking, which tends to cost a lot in court fees down the road.
There's another condo out there for you, with a trustworthy agent attached. Wait for that one.
2007-01-25 02:36:00 · answer #6 · answered by Vix 4 · 1⤊ 1⤋
I'd suggest that you contact the attorney concerned with the closing, and inform him of your problem. I wouldn't do any signing, until you get your walk through. The attorney may be able to put pressure on the selling agant, to allow you to see that the repair was done. If not then walk away.
2007-01-25 02:41:15 · answer #7 · answered by Beau R 7 · 0⤊ 0⤋
A final walk-through on the day of the sale should be on your contract as a condition of closing.
Is it on your contract?
Are you desperate enough to purchase sight unseen and do you get all your money back if you don't go through with closing?
2007-01-25 02:31:15 · answer #8 · answered by Clown Knows 7 · 1⤊ 0⤋
If you have a bad feeling, about the people or the place, walk away. If you are being denied a final look at the place, or the realitor won't work with you, it raises suspicion. I would walk, there are always going to be other places.
2007-01-25 02:32:05 · answer #9 · answered by Anonymous · 1⤊ 0⤋
With the housing market as it is, just walk away. You'll be able to find something else with more trustworthy sellers/agents.
2007-01-25 02:36:00 · answer #10 · answered by 8p8a 3 · 1⤊ 0⤋