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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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#373106 - 04/19/11 06:28 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: MontyC21]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
Originally Posted By: HomeSellerGuru
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.


First off, how do you know this guy works for the buyer? Maybe he's the seller's agent here asking a question.

Second off, how do you know that's what he's trying to do if he DOES work for the buyer? Maybe he's trying to figure out the repercussions on behalf of his client if his client walks away.

Sheesh. Judgmental much?

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#373107 - 04/19/11 06:31 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Bigtoe Offline
Veteran Member

Registered: 10/14/07
Posts: 1294
Loc: Outer Banks
The strongest line I have found to get a client to stay in a deal is to go ahead and tell them it is ok to walk away if that is what they want. Reassure them that you are on their side if they want out of the deal.

Hopefully, this will help them to start to trust your opinion again and maybe rethink their actions. When they want out all of a sudden they feel alone and everyone is against them. Show them you are on their side.
_________________________
Your Outer Banks real estate agent. Helping people buy and sell OBX real estate since 1989.

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#373348 - 04/21/11 09:50 AM 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
LOL You are right Perky. Guess I did sound a little judgemental. oops. I've just heard other agents trying to get their clients to buy something because it's the closest thing for them to a commission check and you can see it irks me. Just a little.

Funny huh- when I read the post it sounded like he was the buyer's agent, but maybe not. If he is the seller's agent then there is no way that he can be sure the house has "no problems". At least where I am, we never give the seller a copy of the inspection. Maybe certain pages if we are asking for repairs but that is it.

Bottom line, if he is representing the seller then he is really out of luck. He doesn't know the buyer and can't talk to them so he is really at the mercy of the buyer's decision and the contract will determine whether or not the earnest money is returned.

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#373449 - 04/21/11 06:10 PM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: Home Seller Guru]
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
I'm sorry to have been snippy. LOL. I was feeling sensitive at the time. ROFL

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#374388 - 05/02/11 08:57 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Chris G. Offline
Member

Registered: 08/02/10
Posts: 15
Loc: Highlands Ranch CO
Here in Colorado south facing is a HUGE deal. Reason? Snow! Facing south, the sun will melt the snow, where as north will be a ice skating rink for a month if you don't shovel it ASAP. I just wrote a contract on a new build that my cleint paid an extra 10k for a south facing lot.

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#374392 - 05/02/11 09:34 AM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
Artiste Offline
Major Contributor

Registered: 06/12/06
Posts: 1973
Loc: Arizona Bay
If you are a merely a home-shower/paperwork-pusher and not a salesperson, you will lose a lot of deals because buyers get scared, disheartened, and confused all. the. time. The only way you're going to sell any home is if your buyers want that home no matter what and you can't talk them out of it.

Realtors don't sell a home once - we sell it again and again and AGAIN - the same damn house, sold and resold by you to the same buyers during the entire escrow period. When they "get cold feet" you warm them right back up again.

The best salespeople "know the mo" talk in "features and benefits" and expertly overcome all the buyer's objections and keep their buyer stuck to the deal.

It's not easy.



Edited by Artiste (05/02/11 09:35 AM)
_________________________
Let's take back the real estate between our ears and get green like a sonofa$%^&*

NAFTA is over!!
(if you want it)


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#377564 - 05/31/11 05:50 PM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
morphiii Offline
Junior Member

Registered: 05/31/11
Posts: 7
Loc: NY
Who in their right mind will sign a contract before a home inspection? That is crazy.

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#377567 - 05/31/11 06:11 PM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: morphiii]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
Originally Posted By: morphiii
Who in their right mind will sign a contract before a home inspection? That is crazy.

Maybe someone who wants to tie it up with this contingency BEFORE somebody else puts it under Contract?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

Top
#377572 - 05/31/11 07:02 PM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: Vermont]
MHT Offline
Member

Registered: 12/24/09
Posts: 256
Loc: Ontario, Canada
We never do home inspections before writing offers. We make our offers conditional upon the home inspection. Who in their right mind would want to pay for an inspection if they do not even know if they will be able to get an offer accepted on the property?

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#377647 - 06/01/11 02:52 PM Re: Buyer wants to walk out at the inspection. House has no problem. [Re: pro]
jducey Offline
Member

Registered: 05/17/11
Posts: 68
Loc: New York
At this early stage, there is a million easy ways for him to walk. It is not until you have fully executed contracts with a firm mortgage commitment that you can start counting your unhatched chickens.

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