Legal Question in Real Estate Law in Virginia
Seller, Walkthrough Items, & Breach
Scenario: Buyer & Seller enter into a contract with Home Inspection clause. Buyer & Seller agree that Buyer will foot bill for non-walkthrough items. Seller is responsible, per contract, to repair walkthrough items (oven & dishwasher). Seller refuses. Seller offers Buyer option to back out of contract. Buyer doesn't feel they should have to back out, feels it is Seller's responsibility, as per the contract, to correct these issues. Buyer is out $345 Home Inspection cost & $5,000 Earnest Money Deposit - What is Buyer's recourse? Thanks!
1 Answer from Attorneys
Re: Seller, Walkthrough Items, & Breach
If seller is offering buyer the option to withdraw from the contract, then the $5000 earnest money deposit is returnable, limiting the buyer's potential loss to the home inspection fee,$345.00, which the seller might be willing to share in, if appropriately prompted.
Of course, if the buyer is emotionally invested with the idea of purchasing this property, the above statements may be irrelevant.
If so, whether or not the buyer has an action in equity and can force the sale of the property
would require that the one opining upon such a matter, in addition to being a licensed attorney in the practice of law in the Commonwealth and knowledgeable in the law of real property, this person should, also, have the opportunity to review the contract of sale in order to deliver
an opinion that reasonably accords with the applicable law and facts of this case.
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