I find myself in a real estate purchase conundrum. BLUF: seller is trying to cancel our contract to buy and threatening litigation.
A bit of background, wife and I put an offer on this house. The process was going along fine, until we get to the inspection report, which says it needs a new roof. We got an estimate and requested a credit for the roof replacement. This was the same day noted as the inspection contingency removal (tuesday evening). Seller countered there would be no repairs, and sent a notice to perform (wednesday morning).
I countered with a compromise of half the roof repair, and it was crickets from the seller. Thursday evening, we get a cancellation notice. My realtor tells me its invalid because it was sent prior to midnight when the notice to perform would expire. We replied with a removal of the inspection contingency, and will buy the house as-is. All contingencies have been removed at this point.
Seller is still trying to cancel. They even offered $10k plus the costs of inspection, and $5k to our realtor. This is well above the cost of the roof credit we asked for.
In the last email received, the seller's realtor threatened litigation, and noted they were confident they would win, and we'd be responsible paying their legal fees. The seller realtor also noted the neighborhood was dangerous, and encouraged us to take the $10k to walk away, which my realtor tells me is "steering," which is illegal. I just dont want to go back to square one in this competitive housing market.
Does this seller have a legal justification to cancel the sale and to take me to court? J dont have any legal background, but I dont see how they have a legal leg to stand on here. My realtor has contacted the California Association of realtors legal attorney, and they say we are still under contract. Does anyone see how I can lose and be stuck with paying attorney fees?