Legal Question in Real Estate Law in Virginia
Engineer reports and sales agreement
I have a sales agreement contingent on an engineer's report. Just had the inspection today and the engineer noted at bottom of page that home has polybutylene pipes in the house. It did not say anything about replacing them just noted it to buyer. The whole report was excellent with nothing noted that had to be done. Buyer wants us to repipe our house for $5,000.00. My question is this, Can the buyer back out of agreement and if so can we keep the deposit monies. Since our pipes are fully functional with no problems can they pull out because of a possible problem?
1 Answer from Attorneys
Re: Engineer reports and sales agreement
Depending upon what the latest research as well as any possible reports from actual homeowners detailing negative information regarding polybutelene pipes which,in particular, any Virginia Court decisions have taken note of, would be determinative of the answer to your question.
I, personally, know of no such Virginia cases, but, that doesn't mean that there aren't any which might provide a basis for your propspective buyers to withdraw from the agreement with impunity.
One approach would be for you to send a demand notice to the buyers requesting legal justification for their revised position on the agreement to purchase your property and, in the event that they are unable to supply such reasonable justification, further notice that they will necessarily forfeit their deposit funds.
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