Mediation Process - Issues during inspections

[Daniel Roure]

Hello everyone! I just had an unexpected issue while buying a property and I would like to get some help and/or direction. First of all, thanks for all your answers! 

Well, the issue is the following. We made an offer for a property "AS IS" and contingent for financing. We did an inspection just in case and we found out a huge issue in the foundation (extensive damage in the beams and in a retaining wall). We sent a structural engineer to appraise the value of fixing everything and he told it would be around 90K. Due to this issue, our financing got rejected (with the mortgage company in the AOS) and we had to break the agreement of sale. While we were negotiating for financing, a different mortgage company that the one included in the AOS, sent proactively an appraiser to the property without letting me know or paying for it (weird!). When the appraiser from the mortgage company included in the AOS tried to due to appraisal he was not allowed to enter the property by the seller broker.  

Now, our seller broker does want to give us our earnest deposit check back because she claims we are on default. We are going for mediation to try to see if we can find a solution and get the deposit back.

What do you think? Does this make any sense at all?

[Russell Brazil]

@Richard Sherman Not in the states I do business in. That would be broadly too open ended. Id prefer a 3% rate instead of a 6% rate doesnt give us the right to cancel based on financing. Our financing contingencies state type of loan to be used and your down payment amount. If you pass underwriting thats it, your locked in.