Jacksonville Jaguars Fan Forums

Quote:But keep the deposit

 

Can't. That's part of the issue is that the Buyer is stating that we (I) were the ones in violation of the contract.

Quote:Here's where it gets tricky and the attorneys start having "differing points of view" on things: The contract states that there will be no inspection and that the Buyer waives the right to an inspection. However, the property is being sold "As Is" and due to that, an "As Is" addendum is attached to the contract. In that addendum, there is language that states that a period of ten days will be provided so that the Buyer may perform an inspection. Within that ten days, all utilities are to be turned on and available so that the Buyer can assess the property. The property is not occupied right now, so the utilities are turned off.

 

Thing is, there was never a peep from the Buyers about them wanting to perform an inspection nor a complaint about the lack of utilities. They simply waited until the eleventh hour to drop the "we don't want it, but we might be willing to renegotiate" line.

 

I'm thinking that I cut ties with this Buyer and just move on.

 

That's probably the best approach.  Just make sure that moving forward you have EVERYTHING spelled out the way you want it in the contract, and have a lawyer go over every word, every bit of punctuation, and every minute detail. 

Eh... that sucks. 

I'm not a realtor, but I've worked in the mortgage industry for 20 years. As someone said, the reason you collect the deposit is in case the buyers flake out. Keep it and re-list.

Quote:Can't. That's part of the issue is that the Buyer is stating that we (I) were the ones in violation of the contract.

 

I didn't see this. Ok, get a lawyer then. haha.

Give back the deposit and fire your Realtor.

Quote:Give back the deposit and fire your Realtor.

Hell yeah fire that realtor of all the people to catch that it should've been your realtor

Quote: 

Thing is, there was never a peep from the Buyers about them wanting to perform an inspection nor a complaint about the lack of utilities. They simply waited until the eleventh hour to drop the "we don't want it, but we might be willing to renegotiate" line.

 

I'm thinking that I cut ties with this Buyer and just move on.

They're shady hucksters trying to work a legal angle to put out less dough.

 

Give them back their money and move on.  Wanna feel better about it? Next offer you get on the place, counter with a price 100 bucks more than these guys were going to give.

Quote:They're shady hucksters trying to work a legal angle to put out less dough.


Give them back their money and move on. Wanna feel better about it? Next offer you get on the place, counter with a price 100 bucks more than these guys were going to give.

That's my take on the whole thing. The world is full of people just trying to get over on somebody.

Quote:Where's JT money?

Sorry, been away from the boards for a little while. As FBT said, keep the earnest money deposit. Most likely they have no contingencies to fall back on to fight it. This is of course based on what you are telling us.


If they are within the inspection period then they should be able to get their binder back.

Quote:Can't. That's part of the issue is that the Buyer is stating that we (I) were the ones in violation of the contract.

What are they stating you are in violation of?

Quote:What are they stating you are in violation of?

 

I posted this earlier, I hope this answers your question:

 

<p style="margin-left:40px;">"Here's where it gets tricky and the attorneys start having "differing points of view" on things: The contract states that there will be no inspection and that the Buyer waives the right to an inspection. However, the property is being sold "As Is" and due to that, an "As Is" addendum is attached to the contract. In that addendum, there is language that states that a period of ten days will be provided so that the Buyer may perform an inspection. Within that ten days, all utilities are to be turned on and available so that the Buyer can assess the property. The property is not occupied right now, so the utilities are turned off.


<p style="margin-left:40px;"> 

<p style="margin-left:40px;">Thing is, there was never a peep from the Buyers about them wanting to perform an inspection nor a complaint about the lack of utilities. They simply waited until the eleventh hour to drop the "we don't want it, but we might be willing to renegotiate" line.


<p style="margin-left:40px;"> 

<p style="margin-left:40px;">I'm thinking that I cut ties with this Buyer and just move on.
"

Quote:I posted this earlier, I hope this answers your question:





<p class="bbc_indent" style="margin-left:40px;">"Here's where it gets tricky and the attorneys start having "differing points of view" on things: The contract states that there will be no inspection and that the Buyer waives the right to an inspection. However, the property is being sold "As Is" and due to that, an "As Is" addendum is attached to the contract. In that addendum, there is language that states that a period of ten days will be provided so that the Buyer may perform an inspection. Within that ten days, all utilities are to be turned on and available so that the Buyer can assess the property. The property is not occupied right now, so the utilities are turned off.



<p class="bbc_indent" style="margin-left:40px;">Thing is, there was never a peep from the Buyers about them wanting to perform an inspection nor a complaint about the lack of utilities. They simply waited until the eleventh hour to drop the "we don't want it, but we might be willing to renegotiate" line.



<p class="bbc_indent" style="margin-left:40px;">I'm thinking that I cut ties with this Buyer and just move on.
"

You didn't fail to perform. The buyers have 10 days to do inspection and had they ordered an inspection it would be your responsibility to turn on utilities. If they did not schedule an inspection then you have every right to that binder. Again, unless there is something else I don't know, I would not let them off the hook that easy. But that's just me. Good luck either way!

Quote:You didn't fail to perform. The buyers have 10 days to do inspection and had they ordered an inspection it would be your responsibility to turn on utilities. If they did not schedule an inspection then you have every right to that binder. Again, unless there is something else I don't know, I would not let them off the hook that easy. But that's just me. Good luck either way!

I'm guessing the earnest money isn't worth having to pay for a single letter from a lawyer?

Quote:You didn't fail to perform. The buyers have 10 days to do inspection and had they ordered an inspection it would be your responsibility to turn on utilities. If they did not schedule an inspection then you have every right to that binder. Again, unless there is something else I don't know, I would not let them off the hook that easy. But that's just me. Good luck either way!

 

Perhaps that was my flaw, but when I asked about the fact that they did not schedule an inspection, neither my realtor nor my attorney told me that we could push back on them stating that they were at fault for not scheduling the inspection.

 

Again, I appreciate the input guys.

Quote:Perhaps that was my flaw, but when I asked about the fact that they did not schedule an inspection, neither my realtor nor my attorney told me that we could push back on them stating that they were at fault for not scheduling the inspection.


Again, I appreciate the input guys.

No problemo.

How much is the earnest money?  Are we talking $300 or $1,500 ?