[defrey12]

Originally Posted by Pairadocs

Home "inspection"....LOL ? Have you ever paid for one of those AND read the "small print" ? Useless, and you are still left holding the bag.

An inspection, if done properly, is not worthless as long as you heed their advice PROMPTLY within the confines of the contingency dates in the RE contract. You can’t just shove it in a drawer.

[retiredguy123]

Originally Posted by defrey12

That’s true. But in the contract there are dates attached to every contingency. IF the seller fails in this respect, then they may postpone closing until repairs are accomplished, but unlikely they can just walk altogether.

Correct. But the contingency should have been removed before the closing was even scheduled. The $10,000 is being held by a third party escrow company, not by the seller. That is why several posters recommended that the OP hire an attorney, who could have demanded a release of the earnest money, based on all of the defects mentioned in this thread and in the other threads. The OP has plenty of reasons to cancel this sale.

[defrey12]

Originally Posted by retiredguy123

I would consider an HVAC system that is not cooling to be a "material defect". I hope you are not saying that the buyer should sign the closing papers without knowing why the air conditioner does not operate.

A “material defect” is something you KNOW about, but doesn’t disclose. We don’t really know if it doesn’t operate or if it’s “operator error” and a case of unreasonable expectations. I suspect the latter.

[retiredguy123]

Originally Posted by defrey12

Beg to differ. It does have bearing…DURING the inspection and contingency process. That was the time for them to make their claim as to “age and condition.” But NOT at closing. If the system had been off for a month—or even a week—there is no way it’s going to cool that house in the space of a walk through. Ever!

What I am saying is that the house should have been cool during the walk-through, and, if it wasn't, the seller has an obligation to explain why it is not cooling. Is there something wrong with it? Whenever I have attended a walk-through, everything was operating as it should be, and available for verification. The seller's agent even ran the dishwasher, microwave, and other appliances during the walk-through.

If the house was hot, turning down the thermostat to 74 degrees should have immediately caused the outside condenser unit to come on.

[mpelant]

Originally Posted by Heartnsoul

Thank u for being kind by trying to help. Yes I'm alone with a very sick husband who used to do everything but now can't. He's being hospitalized again Tuesday. Closing didn't happen yesterday when I realized ac wasn't working. Today I'm supposed to close. I've asked to go over hone this morning to talk to ac guy myself but no one is contacting me. I'm alone, crying, because purchasing a home while my husband is ill is overwhelming to me. I wish I had a intelligent man who could help me but after my husbands stroke, 3 brain surgeries, seizures, etc I've LOST him.

It's shameful some of the comments on here. If you need help, let me know - while I'm not a "A/C mechanic" I can diagnose and at least help you determine next steps. Please reply if you would like some help. I'll go anywhere in TV that you need assistance.

[retiredguy123]

Originally Posted by defrey12

A “material defect” is something you KNOW about, but doesn’t disclose. We don’t really know if it doesn’t operate or if it’s “operator error” and a case of unreasonable expectations. I suspect the latter.

I totally disagree. A house that is not cool during a walk-through is a material defect. Whether it is disclosed or not has nothing to do with it being a material defect. It doesn't need to be hidden or undisclosed to be a material defect.

[retiredguy123]

Originally Posted by mpelant

It's shameful some of the comments on here. If you need help, let me know - while I'm not a "A/C mechanic" I can diagnose and at least help you determine next steps. Please reply if you would like some help. I'll go anywhere in TV that you need assistance.

That is a nice gesture, but I doubt that the seller's agent will allow you to go anywhere near the house.

[miadford@gmail.com]

You can close but the title company can escrow the mortgage net from seller to fix the issues. If not, are they providing a home warranty?

[defrey12]

Originally Posted by retiredguy123

What I am saying is that the house should have been cool during the walk-through, and, if it wasn't, the seller has an obligation to explain why it is not cooling. Is there something wrong with it? Whenever I have attended a walk-through, everything was operating as it should be, and available for verification. The seller's agent even ran the dishwasher, microwave, and other appliances during the walk-through.

If the house was hot, turning down the thermostat to 74 degrees should have immediately caused the outside condenser unit to come on.

I agree. Just because it was hot inside doesn’t mean it wasn’t “blowing cold. See my comment on “unreasonable expectations”. As for the former: The agent was under no obligation to do any of that and was actually leaving him/herself open to having to fix it themselves if it didn’t work.

[defrey12]

Originally Posted by retiredguy123

Correct. But the contingency should have been removed before the closing was even scheduled. The $10,000 is being held by a third party escrow company, not by the seller. That is why several posters recommended that the OP hire an attorney, who could have demanded a release of the earnest money, based on all of the defects mentioned in this thread and in the other threads. The OP has plenty of reasons to cancel this sale.

Not if the contingencies have been lifted/satisfied on time. The buyer MUST act within the time constraints specified in the contract. If she didn’t say anything by the date and time specified in the contract for the inspection contingency, she cannot step up later and say “I didn’t know.” That’s WHY she should have hired an attorney if she/they didn’t know EXACTLY what they were signing. Contracts exist for a reason: assignment of risk. Should the seller in this case, who may have done everything correctly, lose out because of a “less than savvy” buyer? It’s not his/her fault they don’t know the process. The seller here, as long as they did as they should, is wholly entitled to the earnest money (the $10,000) if this buyer backs out at the last minute through no fault of this seller. S/he may have lost out on a legitimate buyer and sale waiting on this one. I did this for a living. I know of what I speak. It may not seem “fair”…I’m sorry; that’s life. There’s a time to hire attorneys. I’m afraid it’s too late for this person.

[retiredguy123]

Originally Posted by defrey12

Not if the contingencies have been lifted/satisfied on time. The buyer MUST act within the time constraints specified in the contract. If she didn’t say anything by the date and time specified in the contract for the inspection contingency, she cannot step up later and say “I didn’t know.” That’s WHY she should have hired an attorney if she/they didn’t know EXACTLY what they were signing. Contracts exist for a reason: assignment of risk. Should the seller in this case, who may have done everything correctly, lose out because of a “less than savvy” buyer? It’s not his/her fault they don’t know the process. The seller here, as long as they did as they should, is wholly entitled to the earnest money (the $10,000) if this buyer backs out at the last minute through no fault of this seller. S/he may have lost out on a legitimate buyer and sale waiting on this one. I did this for a living. I know of what I speak. It may not seem “fair”…I’m sorry; that’s life. There’s a time to hire attorneys. I’m afraid it’s too late for this person.

I agree with most of what you said. But, if you read the other threads, you will know that the seller's agent tried to force the buyer into extending the inspection contingency period, and threatened her with keeping the deposit. That is when the buyer should have hired an attorney who could have demanded that the deposit be released. The seller's agent has no right to keep the deposit because it is held in escrow by a third party, not by the seller. The buyer does not have anyone to represent her interests. That is why she should have hired an attorney.

[frayedends]

Originally Posted by defrey12

Not if the contingencies have been lifted/satisfied on time. The buyer MUST act within the time constraints specified in the contract. If she didn’t say anything by the date and time specified in the contract for the inspection contingency, she cannot step up later and say “I didn’t know.” That’s WHY she should have hired an attorney if she/they didn’t know EXACTLY what they were signing. Contracts exist for a reason: assignment of risk. Should the seller in this case, who may have done everything correctly, lose out because of a “less than savvy” buyer? It’s not his/her fault they don’t know the process. The seller here, as long as they did as they should, is wholly entitled to the earnest money (the $10,000) if this buyer backs out at the last minute through no fault of this seller. S/he may have lost out on a legitimate buyer and sale waiting on this one. I did this for a living. I know of what I speak. It may not seem “fair”…I’m sorry; that’s life. There’s a time to hire attorneys. I’m afraid it’s too late for this person.

This is all exactly right. If the buyer is being honest then she has unfortunately hit a real run of bad luck with her husband suffering major medical issues recently and she doesn't have any clue how to navigate all of this. But as mentioned above, the seller should not have to suffer because of that. We don't know that the AC and bugs are an issue or not. The buyer seems to have no agent representing them, based on the other 4 or 5 threads she has.

No I know I was called shameful for questioning her and calling her a troll. And if all this is true then I really do feel bad and apologize. However, the OP has posted about her husband's stroke back in 2021, parkinson's disease, and heart attack in 2023. She has also posted that she has bought 3-4 homes in the Villages (not sure why she wouldn't know how many homes she bought). She has said she was extremely happy with all of them and has in the past recommended a realtor to people. I just wonder why she is buying her 4 or 5th house given all the issues she has had.

I pray things work out for her and she gets the help she needs. I know the seller agent won't want her bringing in a stranger, but I can't imagine they would have a problem with that for a final walkthrough if she says she wants some guidance.

[Villager-2024]

Originally Posted by Heartnsoul

Went to close on house today. During walk through house was too HOT. AC NOT working good. Also dead cockroach 🪳 s all over bathroom. Went to closing co told them it's off if nothing fixed. Can we walk away? Will we lose our 10,000 we put down?? Help. Am so stressed

First, i hope your husbands went well and he is recovering as expected.

I remember your other posts from weeks ago. You had inspection questions, didn't answer about the terms, admitted you didn't understand the terms and were upset. I suggested then you hire an attorney was ignored initially, did you ever do that? You didn't do so at the time and then tried days later and were having a hard time finding one quickly after not doing so - hopefully you did not put that off any longer. YOU NEED AN ATTORNEY.

TOTV is OK for many things. It's NOT the place to receive legal advice, which you need.

We understand you are stressed

[Villager-2024]

""I wish I had a intelligent man who could help me but after my husbands stroke, 3 brain surgeries, seizures, etc I've LOST him."
Again, truly sorry for your situation. Why must you need a man - a good female ATTORNEY can help you. "

Don't worry about gender - you need professional help - this post makes me think you have not in all these weeks hired an attorney. Please do so if you still have time. Yes, the AC and all systems must work on walk-through, unless your contract states differently.

[retiredguy123]

Originally Posted by Villager-2024

First, i hope your husbands went well and he is recovering as expected.

I remember your other posts from weeks ago. You had inspection questions, didn't answer about the terms, admitted you didn't understand the terms and were upset. I suggested then you hire an attorney was ignored initially, did you ever do that? You didn't do so at the time and then tried days later and were having a hard time finding one quickly after not doing so - hopefully you did not put that off any longer. YOU NEED AN ATTORNEY.

TOTV is OK for many things. It's NOT the place to receive legal advice, which you need.

We understand you are stressed

I totally agree. The OP needs an attorney who can cancel the sale and get the deposit released. The seller's agent is licensed by the state and has an obligation to treat the buyer in a fair and fiduciary manner, even if they don't represent the buyer. Based on what the OP has posted, this does not appear to be happening.