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Can i get my earnest money back ? i am not satisfy with the city inspection report

Harper Woods, MI |

the selling agent agrees to do city inspection,but they did the inspection after the stated periods of time.i questioned agent if i am not satisfied with the city inspection report can i get my earnest deposit back they said yes so i signed the agreement. they did the city inspection the day before closing day ,there are lot of violations,so i told the realtor, i do not want this house,i need my money back.i am still waiting. can i get my money back?.what can i do? please advise!

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Attorney answers 3

Posted

Whether you are entitled to terminate the agreement based on your dissatisfaction with the inspection is entirely dependent on the terms if your written contract. If you are unable to find the answer in the sales contract or if the seller refuses to proceed in accordance with the terms of the contract, you should consult a real estate attorney.

You haven't identified the other parties involved in this question so I cannot determine whether I may have a conflict in this matter. Should it turn out that I have an attorney-client relationship with any of the other parties, my response to this question will not prevent me from continuing to represent an existing client.

Posted

The ability to obtain back your earnest deposit and/or terminate the contract is dependent on the written terms in the contract. There may be requirements to produce reports, timeliness requirements, ability to repair/correct or others. Not, since your information appears it is past the closing date other claims and remedies may be available to each side. The Realtor will not be able to release the funds until both parties, Buyer & Seller, agree to such or a court orders it to occur. If you have questions in relation to the agreement it may be best to see an attorney who works in real estate to assist.

This answer does not create an attorney/client relationship and you cannot presume that I am your lawyer or that my advice can be relied upon in any way other than for information only. You will not become my client unless and until you sign and return a retainer agreement and it is signed by me as accepted.

Posted

You need to look to the terms of the Sales Agreement. Generally speaking the answer to your question is yes, particularly when the reason for the delay was due to the broker. The inspection is usually a condition that you must accept or reject. You need a good real estate lawyer.

So there is no misunderstanding, this answer does not create an attorney/client relationship and you cannot presume that I am your lawyer or that my advice can be relied upon in any way other than for information only. You will not become my client unless and until you retain me.