Legal Question in Real Estate Law in California
Were buying a house escrow is closing...we signed document..them went tot the house and the ac was deatroyed. The knobs in all kitchen cabinets were gine and there were a few holes..None of wich ere there wne we put a bid in and was accepted...or the apraser went in, there a re pics from the apeaser where you can cleary see. the ac in on piece nd it stated that its working, and everything else in order,
We are asking for things to be repared to the state it was in when bid was accepted,, We already fixed a beokn window out of pocket, a fence facia on side of house to comply with FHA demands...As this is a short sale and we agree to fix what was needed to be approved for the FHA loan...How ever the damages happened after...They want us to sign a waver of liability we refused...they say we can't close and we'll lose our deposit and payment for repairs...Can they back out like that, and we loose everything? funds have been sent to the short sale bank from out bank...All were asking is for property to be in the condition we bid and is in appraisal papers, The dead line for our agreed closing ddate is in 7 days or they can sell to someone else...can they still keep our money.? We've been through such a roller coaster our poor kids thought we were ready to get the keys 3 times before...It's all such a nightmare.
3 Answers from Attorneys
It depends upon what the documents you signed say. You really need to take all of the documents you have concerning the sale to a real estate attorney in your area and have that attorney look at them. Only in that way can you get a realistic idea of where you stand in this situation.
If you used a standard California Association of Realtors form for the purchase contract, they are in violation of paragraph 7.A.ii. of the contract, which makes it a term of the sale that the property will be maintained in the condition it was in when the offer was accepted. Your agent should know that and should be telling the sellers that you will sue if they fail to deliver the premises in the condition agreed.
Take pictures for evidence.
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