Walking away from a contract

7 Replies

I made an offer and requested a radon test,   During the testing period, I caught the windows open.   Everyone denied responsibility, but seller agreed to another test.  

The test came back high,  the seller signed an admendmebt to placing a remediation system by an licensed company that I checked out.

A week before closing I was noticed the system is in and the home tests results were great and everyone is over the moon on excitement!

I ask to view the system and see the results.   I never got a copy of the “great results” and the system was worse than poor,   I studied and knew what to look for.  To save space here,  I’ll say nothing was to standard epa standards.  

My contact stated “Seller agrees the system has to done properly and to deliver a result/score to my satisfaction.   (Signed by seller)

I choose to not buy the home.   Today I was told my earnest money will go to the seller??? 

My question....  will there be any other penalties I will face?

Thanks everyone,   I know a lot of professionals are here to assist,  Georgia location.

Don't accept the "EM will go to seller".

1) ....system and results "to my satisfaction"......stupid on their part, but great for you

2) Typically whoever is holding EM will Not release to one party without both party's signature, or a court order.

Demand your Em back, and accept nothing less.  Lots of bluffing and misinformation gets thrown around by agents at this point.

Demand your earnest money back. The seller is sketchy at a minimum.

What does a radon mitigation system cost? Personally I would rather have the funds back to have a system installed myself, then to have a homeowner pay for one (they tend to find the cheapest way out). I agree with others that your EM is not gone, and to fight for it. The seller seems to have not followed through on their end.

Who told you that you're not getting your EMD back and that it's going to the seller? Like @Wayne Brooks said, don't just accept that if you know you're in the right.  Based on everything you wrote, I'm pretty sure you would prevail.  The contract clause that states the "Seller agrees the system has to be done properly and to deliver a result/score to your (buyer's) satisfaction" is very broad, in your favor.  If you're not "satisfied", which it sounds like you're not (for good reason), that's the clause that should allow you to walk away penalty free. 

I'm an attorney in Georgia focusing on RE contract litigation. 

I don't post legal advice on BP forums, but from the sounds of it you are probably justified in demanding your earnest money back. Feel free to PM me if you want to discuss further.

no info yet, but I’ll update the post as it goes.  Thanks you everyone for your support and knowledge.   I’ll follow up here... 

I'm pretty sure the earnest money deposit can only be released when both parties agree. I would definitely demand the money back.

When repairs are agreed to, the contract should also permit you to inspect and verify the repairs were done and that they were done professionally. If they won't let you inspect yourself, it's fake.

Are they working with a REALTOR? If they are, I would file a complaint with the Broker which could help put pressure on the Seller. If they are not, this is an example of how a FSBO can expose you to additional risk.

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