EMD Battle
My husband and I put a contract on a home. During our home inspection, we found there was moisture in the basement and potentially mold based on our inspector's radar. He also noted the patch work around the foundation of the home was an indication their was moisture in the basement. He noted this prior to entering the home. This is actually what lead him to further investigate. He believed the basement needed waterproofing. After the report was sent to the selling agent (who is the seller's wife), the seller replied with his list of things he would fix. This list included additional patching around the foundation of the house. We declined and opted to release the contract. When we opted to release the contract because the patchwork was not enough, the selling agent is now attempting to keep our EMD because the inspection report was a day late although they were notified and accepted. Also, we believe this moisture in the basement was a latent defect that was not initially disclosed in the contract. We didn't learn of this until we conducted a home inspection and according to the report the levels on the moisture radar was significantly higher than where mold begins to grow. The patchwork and the increased moisture level somewhat appears that there had to be knowledge there was a moisture problem in the basement especially considering the sellers resolution was to re-patch the work he had previously done. What protects us as the consumer from shady sellers and their agents? Especially considering we would not have put a contract on the house had we known their was a moisture problem. There actions appear to be intentionally deceptive and now they are trying to take our money stating we breached the contract because the inspection report was a day late.
@Ned Carey Do you have any advice on this topic?