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#337127 - 05/06/10 11:13 AM Seller terminated contract
Scubacat Offline
Junior Member

Registered: 05/06/10
Posts: 2
Loc: OH/NC
We are currently selling a home in NC. We received a very low offer, 40k less than asking price and 80k less than home's value which we declined. They submitted another offer 20k less than our lowered asking price and it was accepted as a clean offer with no repairs regardless of inspections, not that the property would need any. It's part of my mother-in-law's estate and was updated and well cared for. The prospective buyers agreed and then started requesting repairs, after the date specified in the contract for negotiation, which we declined. They requested we pay for hook up to county water based on the well being contaminated. The house has been empty for a while with nobody using the water and has a filter system which had not had regular maintenance. We had the well treated and the filter system maintenance taken care of and the water has been tested several times and has no issues. The maintenance we did is standard and would be required by anyone with a spring/well. We declined to pay for the county water and they notified their lender that there was no clean water source which got their pre-approved loan declined. They sent us a notice of termination with the loan as their reason. We agreed and have signed and returned a full termination of the contract releasing their earnest money even though we feel they weren't dealing in good faith. At this point they have not signed and returned the termination and have tried to reopen negotiation. We aren't interested in dragging this out any longer as we have no faith having wasted months on this already. Being that they instigated the termination and sent us a signed notice to terminate (form 2-T) which we signed as well are we under any obligation to continue dealing with them if they don't sign the contract termination form? They have broken the originally agreed upon terms several times before sending the notice to terminate.

Thank you in advance for any insight.

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#337157 - 05/06/10 04:59 PM Re: Seller terminated contract [Re: Scubacat]
REODayton Offline
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
So whats the question? There is no contract, it has been terminated (seemingly).

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#337173 - 05/06/10 07:08 PM Re: Seller terminated contract [Re: REODayton]
super realtor Online   content
Major Contributor

Registered: 05/01/05
Posts: 8478
Loc: georgia
Actually depending on loan type LENDERS DO REQUIRE hookup to water and sewer if it's available close by.

The bottom line is the property has issues. In your mind you want to do the cheapest fix possible. In the buyers minds they want the best fix possible because they will live there and you are long gone.

I always go for a credit and never leave it to a seller to do repairs. Many will do things on the cheap,cut corners,or not even get permits or meet local code.

If you get another buyer under contract and they expect the same items to be fixed or they cancel then like it or not you will have to do those items regardless of if you believe they are necessary or not.

no legal advice

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