Legal Question in Real Estate Law in Indiana
We r selling our home. An inspector found that we have a few years left on our roof. The buyers sent us a request to fix the roof and pay for it before close. We countered that asking them to pay half the costs and required a response by two the next day. the agreement was written that if we heard no reply by that time that that would signify them agreeing to those terms. We called them later that next day when we had heard no reply and they said that they are looking at other houses and would let us know tomorrow. Well I had my Realtor just send another counter offer agreeing to their original terms with a reply required by five the next day. They never replied. Then I get a request for a refund of their earnest money. They want to put another offer on a different house. They were in contract with us. I see it that they still are. Can I keep their earnest money? Are they legally still in contract? They said we didn't agree to their terms, which isn't true , we did counter. Twice. and they never responded. What should we do?
2 Answers from Attorneys
You should have an attorney review the agreement and offers.
Based on what you said, they probably can back out of the deal because you countered. Once you countered, you in essence, rejected their proposal. However, there are other things that need to be known. You really do need to seek legal assistance.
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