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Updated over 7 years ago,
New Agent Trying to Exit contract
Will try to keep it brief, I obviously understand no one can provide direct law advice, but my main question is.
If I was not provided a signed purchase agreement before the expiration of the purchase agreement by the listing agent, but we had verbally spoke and texted to set up inspections, had the property inspected; is the contract still valid even if I was never provided a copy? I assume he has a signed contract. Short story, my buyer couldn't get over water in a crawl space that was disclosed as "small amount" she viewed 3 inches as a significant amount. I went into said crawl space and personally took videos. She believes she should get all $500 of her earnest money returned.
Long story is...
House under contract, I was never provided a signed purchase agreement, continued with deal, home inspection. I got somewhat poor advice to ask for every little thing to be fixed, in hindsight I would have claimed misrepresentation of of sellers disclosure after inspection and exited the contract asking for mutual release of earnest money. Our response to the inspection which I was never provided a signed response that seller ever saw it, just provided a response to the response. I then sent over mutual release of earnest money, and selling agent is fighting to keep earnest money sent over response to give us half.
Thoughts? Can I get all the earnest back if it was disclosed as "small amount of water in crawlspace" on sellers disclosure but in reality there was a significant amount without rain on a dry inspection day. Also does buyers agent never receiving a signed purchase agreement have any standing? Assuming listing agent has it filed somewhere just is yet to send it over.
Thanks for the help.