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Updated over 5 years ago on . Most recent reply

User Stats

88
Posts
36
Votes
Laura C.
  • Fontana, CA
36
Votes |
88
Posts

Help! How to adjust an accepted offer

Laura C.
  • Fontana, CA
Posted

This is a problem-solving issue. I am looking for solutions on how to move forward!

The subject property is in San Bernardino County, California.

Situation: We are using a VA loan to buy our first primary residence (we have been through the escrow process before as investors). Found a house we liked that had a lot of potential, and needed some cosmetic work, which the seller had been planning to do (refinish hardwood floors, paint interior, stuff like that). We made an offer, using the seller's agent (yup, I know). We offered less than asking and requested that the cosmetic work be left undone (because we'd prefer to pick the paint colors, etc.). Our offer was accepted. We had the general inspection and a mold inspection done. Both reports came back worse than expected and with some major issues: mold and pest issues, electrical issues--a fire hazard, roofing issues, and an egress issue. With this information, we do not want to move forward with the purchase (remember this was for our family to live in at the close of escrow, not a flip). Side note, we also believe that the VA is going to deny funding of this loan, because of these issues--the roof needs major repair/replacing.

Problem: The realtor is saying: 1) We cannot cancel escrow; we have to submit a repair request to the seller and give the seller the option to make repairs (we saw how this seller repaired other things, we're not interested!). 2) We can only request that safety issues be repaired. It is my understanding that if we, the buyers, are not satisfied with the inspection report, we can walk away and get our EMD back (we can refuse to lift the inspection contingency). She is telling me that is not possible.

Help!: Is she right? How can we adjust our offer? How can we cancel escrow and get our EMD back? At this point in the process, can we fire her and get our own agent?


Any insights and or solutions you might have are greatly appreciated! Thank you! 

Most Popular Reply

User Stats

991
Posts
781
Votes
Christine Kankowski
  • Real Estate Agent
  • Temecula, CA
781
Votes |
991
Posts
Christine Kankowski
  • Real Estate Agent
  • Temecula, CA
Replied

If your offer was on a normal CAlifornia association of realtor contract, you can back out very easily.    Section  14 B 3  lists how you get out of the contract.  Submit a cancellation of contract.  Your agent needs to do this for you. You can call the broker if he/she wont do this.   Real estate 101.

Alternatively, if you want to fill out a request for repairs- request that they fix absolutely everything from the roof to the light switches, as well as ask for a $100,000 credit.  

You cannot get your own agent for this transaction, but if he/she wont send the cancellation today and get your deposit back (within 17 days right? and you haven't signed off on contingencies?) I would call the broker on this asap. Make sure you get the refusal to prepare and submit the cancellation in writing, so you can pursue her if you dont get the EMD back.

Use another agent for any future transactions. 

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