Legal Question in Real Estate Law in Missouri

We are supposed to be closing on a house in one week. Inspections/requested repairs have already been agreed to and signed off on. However, we do not believe they fulfilled their end of the agreement per our inspection requests. We asked that all* active leaking cracks be repaired, however, part of their (finished) basement has the most significant water damage than any other wall and they refuse to remove the wall to investigate if there are active leaking cracks behind it...YET, they removed the adjacent room's wall because they suspected it had cracks and fixed that one accordingly. Our realtor isn't helping us much and she says that since they have fixed all KNOWN leaking cracks, they do not have to do anything further. We want the house, but we don't want a flooded basement. Is what our realtor says true or would we be able to potentially walk away with our escrow money returned? Please help. Thanks!


Asked on 7/13/15, 9:17 am

1 Answer from Attorneys
Anthony Smith LawSmith

If the house is not in sufficient condition, don't buy the house. They will probably let you look behind the wall, if it means saving the deal. The inspector weekend for, and is paid by you. Ask them if there is a leak behind the wall you suspect. Whether you get to retain your escrow, depends upon what you sales contract says.

Good luck

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Answered on 7/13/15, 4:06 pm


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