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All Forum Posts by: Tolun Ozarslan

Tolun Ozarslan has started 1 posts and replied 4 times.

We waived the inspections and pushing to buy the house. 

Thanks Bill!

Originally posted by @Bill B.:

Kindof…

Line 241 says the buyer at their sole discretion can accept the plan, terminate the contract or have seller leave 150% of the estimate in escrow. 

But….

Line 246 says “if the seller or buyer elects to terminate the contract due to environmental defect” so obviously they have some way to cancel the contract due to this issue. And it also says buyer will be obligated to sign termination.

It sounds like the seller has to fix it or put 150% in escrow before closing. If they refuse the closing can’t occur. Hence they’ve basically terminated the contract. 

This is all assuming the buyers found a real health issue and not a made up bargaining chip. As it seems many of these provisions only kick in above levels set by the EPA. Which is probably why the sale is cancelled if the seller won’t pay for repairs. 

I take it the apology for any offense from the realtor wasn’t enough? Next step is start paying a lawyer to force the sale. But if the levels are above EPA it sounds like you lose. In non-covid times assuming this mold was a non-issue maybe you can force a person out of their home, maybe. Certainly the lawyer will tell you how much it costs to try btut they probably won’t give you a max it will cost. 

Thanks for all your replies! Here is the full paragraph. It only give 3 options to the seller and to term doesn't seem to be one of them. 

"233 (C) ENVIRONMENTAL DEFECT. For purposes of this Paragraph an environmental defect is a
234 toxic or hazardous substance at a level and condition found above those set as acceptable by
235 the United States Environmental Protection Agency, the Illinois Environmental Protection
236 Agency, the Illinois EmergencyManagement Agency or applicable local governmental
237 agency. If the stated defect is any toxic or hazardous substance, then Seller, at Seller’s option
238 and expense, may have the substance remediated, removed, or reduced to an acceptable
239 level prior to Closing. Buyer, at Buyer’s option and expense, is responsible for re-inspection
240 of the remediation and proof of re-inspection by the same inspector(s) as previously used or
241 by similarly qualified inspector(s). Buyer, at Buyer’s sole discretion, may accept theplan of
242 remediation, terminate this Contract, or allow the Seller to escrow one and one half (1 ½)
243 times the amount of the bid or written estimate, as determined by the Buyer, of such
244 environmental repair(s)at Closing. In the event either Seller or Buyer elects to terminate the
245 Contract due to an environmental defect as provided herein, the non-terminating Party shall
246 be obligated to sign the document terminating this Contract, and the Earnest Money shall be
247 refunded to Buyer. "

Can the seller terminate contract due to environmental defects in ILLINOIS?

Following a mold inspection, we (buyers) found out that there is mold in the house. After we gave our Inspection Response, the seller;

- first, refused to negotiate

-Then, they sent us a message saying that they are terminating the contract based on the following:
"244 environmental repair(s)at Closing. In the event either Seller or Buyer elects to terminate the
245 Contract due to an environmental defect as provided herein, the non-terminating Party shall
246 be obligated to sign the document terminating this Contract, and the Earnest Money shall be
247 refunded to Buyer. "

Can the seller do that? We have until 9/10 to negotiate. Is it legal?