Private Seller not honoring the contract

[Theresa Reynolds]

I signed a contract for a SFH in May. It was a FSBO deal and the seller and I agreed he would put on a new roof, fix the porch and prep the siding for paint. He started to work on it right away but then had to fo on fires. He was gone on and off and didn't do much work on the house. I had an inspection done and kept re-scheduling the appraisal because he needed more time to get the work done. He finally got the roof on and is now telling me he needs to close at the end of next week because he has to go back on fires. I told him to keep me in the loop about the progress of the house because appraisals are two weeks out to schedule. I told him that I won't be able to close with such a short notice. Besides, he said he won't be able to prep the siding either. He said he's understand if I wanted to back out and he'd reimburse me for the inspection cost. That was agreed on last night. TODAY a lady calls me, telling me she wants to buy the inspection from me because she is buying the house.

I can’t help but think the seller tried to drag out the deal intentionally hoping a better offer would come along. I am still under contract and have not requested my earnest money back.

I feel like I’m being screwed out of a deal. Is the seller doing anything illegal here or do I just have to swallow that pill and move on??

[Mike L.]

@Theresa Reynolds

I read most of the replies but it looks like you are getting bad responses and bad advice. It’s a pretty simple answer. Yes, if you didn’t terminate the contract and have delivered on the contract terms to date, you are still under contract.

If you agreed in writing per the contract that a condition to closing is that he would do certain work on the house prior to closing, then he would be in default if those items were not completed on time. You could sue for specific performance (the threat of suing would probably get it done)

If him fixing the house was not in writing, you either need to close or drop the deal.