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Updated over 8 years ago on . Most recent reply

User Stats

37
Posts
12
Votes
John Tan
  • Investor
  • san marcos, CA
12
Votes |
37
Posts

need an Arizona attorney, earnest money in escrow as risk..

John Tan
  • Investor
  • san marcos, CA
Posted

The seller is threatening to take our earnest money deposit when we tried to cancel during the inspection period.  Because we wrote the contract “as is”, they said our reason for canceling, the property is poor condition and repairs are not done properly is not a valid reason.  But I thought the whole reason for inspection period, even if the contract is “as is” is to examine if everything is up to par during the inspection.  So I am not understanding why they are asking their title company to rule on the request.  Can anybody let me know what is a valid reason to cancel during inspection period if the contract is for “as is”?

Anybody recommend a good attorney we can talk to?

Thanks much in advance!!  (today is our last day for inspection contingency)

Most Popular Reply

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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
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23,418
Posts
Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

@Account Closed You obviously have never read a standard purchase contract. The "As Is" provisions of a contract do Not prelude a cancelation due to inspection issues, or in the case of FL contracts, simply changing your mind during the inspection period.  In our FL As Is contract, which you can find online (FARBAR AS IS) the inspection period is an absolute get out of jail free card, Paragraph 12.....something to the effect of "If buyer determines, at sole discretion of the buyer, that the property is not acceptable, Buyer may terminate this contract.....and the EM will be returned".  No justifications are required.

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