Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Buying & Selling Real Estate
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 3 years ago,

User Stats

11
Posts
2
Votes
Abhishek Maloo
2
Votes |
11
Posts

Buyer Backing out on 26th day after waving all contingencies

Abhishek Maloo
Posted

Hey folks, 

This is my first question on biggerpockets. I am selling a property in Bay Area California. Buyer wrote a clean offer (waived all contingencies) on day 2 of the contract. 
buyer was supplied prelim title report and all disclosures about the property.  While going through lending process - lender asked for inspection report of “indoor air quality” in the property. I got to know that day that there is a environmental restriction placed on the title (which was disclosed in the prelim title report and provided to the buyer before he went into the contract).

Buyer sent me the cancellation request and asking me to refund him total EMD. He paired up with a lawyer and trying to prove that I knowingly concealed the air quality issue.

Honestly - I had no idea about this environmental restriction. When buyer’s lender reached out for the report -  I still wanted to help the buyer and ordered a air quality inspection whose report came out to be “All Fine”(no issues reported). 

Buyer however, did not wait for the air quality inspection report and sent me cancellation request already. 

I have wasted 26 days in the market due to this transaction. I would like to not release the EMD and use it for my damages/loss. I have yet not accepted the cancellation request as well.

Any help on how to move forward on this would be appreciated ? I am already planning to seek legal counsel. 


Loading replies...