Wholesaler · Atlanta, GA · Member since 2015 · 36 posts · 1 vote
Sorry to keep bothering everyone with all my questions but would be grateful for some more advice. We put in an offer without viewing the inside of a property due to desirable location and other investors willing to do so. We were told that viewing could only occur during due diligence period in order to not disturb current tenants. Our offer has been accepted. My fiancé and I plan to live on the property and would like to see the inside to ensure we can move forward before our due diligence period is over. We are now being told we can't view unless the inspector will be with us out of convenience to tenants. we do not want to pay an inspector until we are certain that we are satisfied with the inside of the property. Seller's agent threatening to go with back up offer. What are our rights in this situation?
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
11y
Filing a complaint, in this case, is useless. The agent has no actual control over the seller. Forget filing complaints and lawsuits.....solve the problem.
Investor · Clairemont, CA · Member since 2011 · 3k+ posts · 2k+ votes
11y
Look at your contract. If it says inspections to be completed during due diligence then that is exactly what you're attempting to do. YOU want to inspect....does the contract say you can only do so with the actual home inspector? If necessary have your agent call the seller's agent's broker and get him to straighten his agent out.
Wholesaler · Atlanta, GA · Member since 2015 · 36 posts · 1 vote
11y
Thanks @Matt Devincenzo The contract definitely says inspections during due diligence and (of course) does not state that inspector must be with us. Getting our agent on it now! She definitely shouldn't have even involved in this. Thanks again!
Wholesaler · Atlanta, GA · Member since 2015 · 36 posts · 1 vote
11y
Hey @Matt Devincenzo (and any others available to discuss) I took your advice and had my agent reach out to the broker. The broker contacted the agent and was told that she is simply honoring the sellers wishes. The broker called my agent back and said they must honor their seller's wishes! All three parties have signed this contract that states that I have the right to inspect, examine, study, etc. as long as I give reasonable notice. I know I can back out, but this does not really hurt them as they have back-up offers. I am the one who loses out since I'm very interested in the property. My agent is not being much help, unfortunately. What are my legal options at this point? I am baffled as to how these people are okay with breaking a legal contract. Can I sue them? How do I enforce my right to inspect this property???
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
11y
Two choices:
1) Give them email notice you will be inspecting on Tuesday, and on Friday (examples). If the property is not made available on these days, or acceptable alternatives, they will be in breach of the contract and more importantly, the inspection period will be extended by the amount of the dealay until such inspections are available. Also that you won't be signing any contract releases if the inspection period expires without adequate inspection arrangements being made.
2) If you're serious, bring your inspector with you
3) Knock on the door. "Hi, I'm considering buying this place, have a contract and may be your new landlord, how do you like it here, do you like the neighborhood, any issues with the condition of the unit, etc.(build some rapport). Hey, mind if I take a quick peek, my inspector is coming in a couple of days, but if you don't mind I just like to get an idea of any problems, ....."
Wholesaler · Atlanta, GA · Member since 2015 · 36 posts · 1 vote
11y
@Wayne Brooks thanks! being that I purchased sight unseen because the listing stated that I can view only during due diligence, I really don't want to spend additional funds on an inspector if there is something that I can clearly see on my own that would prevent me from moving forward. I was considering submitting an addendum to the contract that they will reimburse me for the inspection if for any reason I decide not to move forward but I really like the idea of submitting email notice and extending due diligence until they comply. I've considered knocking on the door as well... Thanks for the tip!
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
11y
The seller's wishes should have been incorporated into the contract. They weren't. The seller is violating the contract terms by trying to impose additional restrictions that are not stated in the contract. I'd call the listing agent's broker and discuss this issue. If that still results in no satisfaction, you might file a complaint with your state real estate licensing board.
Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
11y
Filing a complaint, in this case, is useless. The agent has no actual control over the seller. Forget filing complaints and lawsuits.....solve the problem.