Buyer Trying to Back Out of Sale After Inspection Response

[Scott Weston]

Ok interesting question. There is a property I am trying to buy out of town (2nd home). It was under contract when I found it - but the realtor reached out to me to tell me that the seller had refused a repair request from the first buyer. This agents position is that the request for repair is essentially a new contract and gave the seller an out to accept my more attractive offer. Original buyer has brought in an attorney to see if the seller actually has the right to do so (as opposed to simply saying no to the repair request and moving forward with the original terms of the agreement). Anyone have any experience with this?

[Jonathan Greene]

The seller can't opt out, but can deny the request and then leave it up to the buyer. Is the original buyer fine taking the property without repairs now? If so, they may have some form of a case to enforce for specific performance of the contract as there were no changes made and inspection repair requests are customarily made and negotiated. If you are out of town, how does the seller know you won't find the same issues, especially when you are giving more money than the buyer? Are you sure you are in a good spot on this one?