Seller refusing asked for credits, offering repair credit instead.

[Patricia Sander]

Some rookie mistakes made here but I wanted a second opinion. I'm under contract and inspection showed up some issues with plumbing and the roof. I spoke with attorney and said basically I would just ask for a credit for roof replacement and got quotes sent it out. Seller comes back saying home is sold as is and a bunch of other nonsense how they disagree with my inspection because the roof "looks beautiful from the street" or whatever. Anyways I go to check everything realtor handed me (no seller disclosure was ever sent) and sure enough as is was not anywhere to be found on listing or otherwise. So I ask my attorney if I waived inspection contingency and she said no I didn't but yea the house is as is according to seller. I don't remember anyone mentioning this to me and I guess I should've read everything I signed but I assumed the attorney and realtor would have told me something like this, no? Well I tell my attorney I'm not satisfied with a repair on the roof as it's only kicking the can down to next year where I'll either have to make another repair on a 150 year old slate roof (2-5k) or cover the whole cost to replace myself. Other parts of the roof (lower) are newer shingles and in good condition, another rookie mistake was I didn't ask how old the roof was and just assumed about 10 or so years. Wasn't until my inspector was up with the drone that I noticed the other part of the roof is very old slate that's got cracks and other issues on it. While not leaking, it's at the end of its life and the owner was a real DIY landlord who thought 3 tab shingles would compliment a dilapidated slate roof perfectly. My EMD is due tomorrow (high EMD cash offer little over listing as I assumed home was in very good condition) and my attorney said we are negotiating but I don't wish to negotiate any repairs, I would rather walk and told my attorney I wish to terminate citing my inspection contingency and the issues that are in it. So I'm wondering if I have to legally send EMD and continue to negotiate with seller or if I can just terminate and not get into this whole headache with the seller trying to strong arm me into closing or try and grab the EMD by offering repairs in order to "satisfy" my inspection requests by repairing a few completely broken slates. My attorney said we can't just ask for a replacement and should work with seller if they want to offer repairs and I can't walk now that I made a demand to the seller… while I'm not an expert I've never heard of anything like this before? If I don't like the inspection and seller wishes to negotiate beyond what I want as resolution I'm within my right to terminate without negotiation so it feels like my attorney just wants to close the deal anyways despite my protests. What do you guys think?

[Paul Pratt]

@Patricia Sander I think you're overcomplicating things.

1. Almost all real estate transactions are AS IS.

2. Within your inspection period you do your due diligence, if you don't like it you can back out and take your EMD with you.

3. You can ask for a credit but seller doesn't have to give it to you. Someone else will probably buy it if it's a solid property.

4. Any attorney who is urging you to complete a deal you're not comfortable with is not a good sign.