Earnest money refund in OK?

Question

I have been under contract for a house in OKC as an out of state buyer. The contract has been followed regarding inspection and provision of needed remedies. Seller agreed to all of them as well as to providing photo documentation of repaired work before closing. Our closing date was set to Apr 30, but my signing was scheduled for today. The seller (via his agent) failed to provide photos confirming finished work but assured me it was done. Obviously this was not adequate to hear before signing loan docs, so I cancelled and requested earnest money back.

Seller is claiming repairs were made before closing but has not provided photos that were promised (over email).

Any case here? Thanks.

Seller is claiming repairs were made  before closing but has not provided photos that were promised (over email).

Any case here? Thanks.

Wayne Brooks · Answer

Sounds like the seller Met his contractual obligation....YOU were not able to verify.

The later email is not part of the contract.

Fair or not, I think you lose this one.

Alyssa Dyer · Answer

Account Closed curious why you canceled the deal and didn't just postpone closing until you were given photos?

Alyssa Dyer · Answer

Account Closed unless it's stated in your contract, you're likely out of luck.

The contract I work with states that you can back out and get EM back for any reason during the inspection period, if appraisal issues happen, or if title issues aren't resolved.. but there aren't many reasons other than that unless it's in your contract!

Dan Bryskin · Answer

Account Closed, I think I would play it a little differently. I would ask seller to make property available for me   (or my authorized inspector) to verify repairs prior to 30th. Verifying agreed repairs is a reasonable request. If arrangement cant be made or repairs are not what they should be, I think you should get your money back. In any case, I would run your situation / paperwork by local attorney. Oh and it may be better to loose your EM then get stuck in a bad deal ... Good luck.

Carl Fischer · Answer

Account Closed

If you had a verbal agreement for pictures I’m not sure you lose. You still have time see if you can put the deal back together if everything is still good. Hopefully the money is in escrow. Otherwise it may be a moot point.

Dylan B. · Answer

Account Closed Did your realtor document that photo documentation was required in the TRR?

Account Closed · Answer

Thanks. Promise was made not verbally but via email the realtors name and time included. I've been told that per the Electronic Signatures in Global and National Commerce Act of might be binding.

Account Closed · Answer

No photo confirmation for repair work was promised via email with name and tinestamp

Account Closed · Answer

I should clarify that seller is unwilling to return EMD.

Cassi Justiz · Answer

You are allowed a final walk-through to verify that work was done to standards. The standard contract of sale actually has a full section that addresses this. This is super common and done on basically every transaction. I can't think of any reason to not do a final walk-through. The way I handle this for my out of state buyers is that I (and the home inspector if necessary) will complete the final walk-through a few days prior to closing. If cosmetic work was requested, I take pictures and verify that work has been completed up to TRR standards. If it was mechanical, I recommend the home inspector re-inspect.

One thing to keep in mind is that an agent is not able to make commitments or agreement on behalf of their client. They can say that the client will do whatever, but unless the seller agreed in writing to provide pictures, I wouldn't call that a binding agreement. Agents can say stuff all day, but at the end of the day the seller didn't agree to provide you with pictures. The binding agreement you had with the seller was for them to complete the repairs, which it sounds like they did.

I agree with the above statements that there were really easy remedies to this without canceling the contract. Your agent could have taken pictures on their final walk-through to verify the repairs, or if you had told the listing agent you were planning to cancel you would have received pictures.

I wouldn't expect you to get your money back and you should hope that they don't hit you with anything else.

Earnest money refund in OK?

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