Re: Accepted offer non grata (Legal Question) - Posted by Tim Fierro (Tacoma, WA)
Posted by Tim Fierro (Tacoma, WA) on April 22, 2002 at 10:33:17:
Hold out for the cash. They caused you grief, get relief. Read your contract for contingencies. If there is no other contingencies except this one, you ‘could’ get it. Verify that they have released the financing contingency, or never had one.
For the inspection, the wording on there should have dates for compliance. My local contracts will state something like a choice of A or B. A would be for the buyer to say no to the inspection; and it’s all over. B would be for providing the list of fixes within xx days. Then xx days for seller to respond, then xx days for the buyer to agree to the repairs or remedy. So read your contract closely.
Usually someone is holding the earnest money and that someone can’t release the funds without the signature of those involved. I use my office and not escrow when I represent the buyer; and I prefer escrow hold the funds if I represent the seller. If escrow has the money, and you are correct in your contract, then you can just say no to the release of the funds and let the buyer try to plead their case. At some point you may settle for 1/2, or just end up letting them have the money. They made it hard on you, now make it hard on them to recover the money.
If you have an agent, have them explain this to you. You can also go to a lawyer to see where you stand.
BTW, we have a special wording on our MLS contracts that state BUYER BE CAREFUL or words to that effect because if the procedure is not followed, you are still liable for purchasing the property. Words close to that. Sounds like your WI law (could be contract wording, not state law), is preparing the buyer for this type of action by letting them know they have obligations.
Read your contract thoroughly, talk with your agent, or see an attorney; and you will know if you are in the right. Either way, if you don’t sign a release for the funds, the buyer might have to go through some hoops to get their money back.