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#373012 - 04/18/11 06:28 AM Buyer wants to walk out at the inspection. House has no problem.
pro Offline
Member

Registered: 03/09/11
Posts: 70
Loc: Virginia
Buyer wants to cancel the contract because he didn't like the way house was situated, the entrance facing north rather than south.

Client's house in in Northern Virginia and home inspection is a contingency.

Can he just walk away?

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#373013 - 04/18/11 06:42 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
He'll have to find something on the home inspection to use as an escape. The house wasn't facing south when he made the offer, and then switched to facing north after the contract was signed.

That's a funny one. LOL

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#373016 - 04/18/11 07:18 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
navarac Offline
Veteran Member

Registered: 01/19/06
Posts: 994
Loc: New Jersey
Originally Posted By: pro
Buyer wants to cancel the contract because he didn't like the way house was situated, the entrance facing north rather than south.

Client's house in in Northern Virginia and home inspection is a contingency.

Can he just walk away?


Basically, yes. If he want out, he will find a reason, and the deal is dead.

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#373017 - 04/18/11 07:20 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
Or he could apply for 17 Credit Cards and find a way to wiggle out that way.

Buyer's remorse ! Let's hope he outgrows it quickly.
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#373018 - 04/18/11 07:22 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: navarac]
pro Offline
Member

Registered: 03/09/11
Posts: 70
Loc: Virginia
Does Northern Virginia contract require a certified/licensed home inspector or anyone with knowledge can perform one and present the inspection results to the seller and demand or help buyer walk out?

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#373019 - 04/18/11 07:28 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
What does your contract say? Perhaps you should talk to the broker.

It is true that if the buyer wants out he can get out but unless there is a valid reason as per the contract then he may have to forfeit his deposit.

You need to get on the horn to your managing broker.

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#373021 - 04/18/11 07:33 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Doin' bpose Offline
Major Contributor

Registered: 01/26/09
Posts: 2961
Loc: Old Dominion
Originally Posted By: pro
Buyer wants to cancel the contract because he didn't like the way house was situated, the entrance facing north rather than south.

Client's house in in Northern Virginia and home inspection is a contingency.

Can he just walk away?
He should have brought his compass to the showing. The HI is reserved for issues that a layperson could not be expected to note during a routine showing.

However, suing for specific performance is a rarity in my experience.

You could hold on to the EMd for a few weeks and try and press the issue, but in the end he will get out if he wants out.

I imagine he can use his HOA packet as an excuse, since this is VA.

Do what Perky said---talk your broker.
_________________________
Trust your Maker. Watch your manager.

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#373029 - 04/18/11 09:14 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
FSBO Offline
Member

Registered: 12/11/08
Posts: 342
Loc: Pineville, LA
In Louisiana buyers can get out of the contract (and get their deposit) during the inspection period for any reason. In fact, no reason is required. Makes working with buyers "fun".

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#373033 - 04/18/11 09:22 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Kjmendy Offline
Veteran Member

Registered: 05/16/10
Posts: 709
Loc: London, Ontario
Rather than focus on the legal issue of if they can get out of it. I assume that you are the buyers agent so you need to remind them why they loved the house enough in the first place to buy it.

If not don't blow your relationship with them over this one property.

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#373041 - 04/18/11 10:40 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
REODayton Online   content
Major Contributor

Registered: 07/27/06
Posts: 3699
Loc: Dayton Ohio
You gotta find out why the buyer wants out. Facing the wrong direction is the best excuse they could find. Kind of a crazy excuse, but they are feeling some buyers remorse. You gotta work through it.

At the end though, if the buyer don't want to buy, they don't have to. They may loose their deposit or a part of it, but at the end if they want to buy they have to.

I had one buyer Never show up for closing for no reason that I heard? I could have swallowed the directional excuse over nothing. Had another buyer that refused to close because her card reader told her she HAD to wait until a certain date to close so the stars were properly in place (that was a fun one to explain). Either way they buyer is in the drivers seat.

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#373042 - 04/18/11 10:41 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: Kjmendy]
deepsea Offline
Veteran Member

Registered: 06/14/06
Posts: 607
Loc: Atlanta GA
It totally depends on the wording of your inspection contingency. In GA you can cancel for any reason. You should really know the answer to questions like this before you write offers. Time to go back to school!!!!

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#373070 - 04/18/11 05:48 PM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
KT Offline
Major Contributor

Registered: 01/18/05
Posts: 1525
Loc: Ohio
Originally Posted By: pro
Buyer wants to cancel the contract because he didn't like the way house was situated, the entrance facing north rather than south.

Client's house in in Northern Virginia and home inspection is a contingency.

Can he just walk away?


Absolutely a buyer can choose to back out of a contract. Depending on how the PA is written, what with inspection contingencies, financing contingencies, etc, the buyer may lose any EM as well as any deposit money put down. However, no one, like a judge, would is going to hold a gun to a buyer's head and force them to buy a house they do not wish to reside in any longer.

***I am not a lawyer, nor do I play one on; TV, Radio, YouTube, any SmartPhone Apps, F/B, Twitter or anyplace else for that matter. This is not legal advice.***

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#373092 - 04/18/11 10:17 PM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Home Seller Guru Offline
Member

Registered: 10/02/09
Posts: 207
Loc: Salt Lake City, UT
Hey I have a novel idea! Why don't you find the buyer, YOUR CLIENT, the house he/she wants instead of trying to find a way to strong arm them into buying one they don't want.

In Utah you can cancel for any reason during the Due Diligence period. Check with your broker on your state contract then go out there and preview every house like that one but is facing west or south. Call the client tell them you think you may have found them their house and to be there right after work today.

Remember your job. It's to represent the client and find them what they want - not to sell someone else's listing. Buyers make mistakes - they were probably told the snow will never melt or something - who cares - find the their house.

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#373094 - 04/18/11 10:26 PM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: Home Seller Guru]
Doin' bpose Offline
Major Contributor

Registered: 01/26/09
Posts: 2961
Loc: Old Dominion
Originally Posted By: Home Seller Guru
Hey I have a novel idea! Why don't you find the buyer, YOUR CLIENT, the house he/she wants instead of trying to find a way to strong arm them into buying one they don't want.

At that point they could enter into a another purchase contract and keep everyone on edge as they consume more precious time and resources of the involved parties. Just make sure they pay attention to where the flipping sun is this time. Minor details.
_________________________
Trust your Maker. Watch your manager.

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#373104 - 04/19/11 06:25 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
MontyC21 Offline
Member

Registered: 12/27/07
Posts: 410
Loc: Virginia
Read your home inspection addendum, they can give notice to void the contract if you are using the NVAR form.
_________________________
Reneé

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