My husband and I made an offer on a home and wrote a $4000 earnest check. Our offer was accepted. At inspection, our inspector found the roof to have hail damage and to be in "Poor" condition, requiring replacement. The sellers provided us with letters from their insurance company stating the roof had damage, but not enough to warrant replacement. We would like to cancel the sale of this home. Can we legally do that? What are the ramifications? Thank you!
Without seeing your contract, it is impossible to say what your rights and responsibilities are. However, typically, if you made a demand for a repair or replacement and the seller refused, you would then have the right to cancel the transaction - within the time mandated by the contract.
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What you describe is rather common and if the sellers do not agree to return the earnest money, you may have to initiate litigation. That's a pretty huge gap in opinion between "poor condition" needing replacement. Have you discussed this with your realtor? They should have experience in negotiating a back out on the agreement and getting some, if not all, of the earnest money back due to the material misrepresentation. You may have to find a lawyer to assist you.
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
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