All Forum Posts by: Laura Davis

So.😊  I calmed down and re read the contract again trying to figure out what  to screen grab for you and found that the home inspection clause box IS checked- which discusses inspection for material defects.  (Note to self : do not reading complicated real estate contracts in a state of frenzy). I'm assuming high levels of lead in drinking water are considered a "material defect" so am thinking we should be okay to walk if we cannot come to an agreed upon solution.  Please let this know if that assumption is incorrect. After re reading the provision I mentioned originally, I see how it could be taken as giving us the option of an out if we didn't approve of things in the way of personal preferences as well as more serious defects. Not what we were asking for but can see how Seller might think so and want to protect themselves from that. Let's hope it's a simple fix! I do love this house! ❤️ Thank you for taking the time to respond to me! 

My husband agreed to remove an inspection contingency from the contract offer prior to the home inspection. He did so with our agents assurance that the Seller's would fix/negotiate (after we pay for up to a certain amount in repairs) or we could get out of the deal. During inspection, a water test revealed a dangerously high level of lead in the well. This is a "fixable" issue- with a filter or replacement parts of the well and or pipes. I spoke with a friend who is an environmental engineer who said that it could be the ground water (rare but possible). The way I read this contract is that if the buyers agree to fix it, we can't back out. There is nothing about it being repaired to our satisfaction either. There was but, in the counter offer, that was crossed out. Does this mean that's entirely up to seller as to what constitutes as "fixed"? I love this house and if this can be repaired- as in complete elimination of the lead problem (not a filter aka bandaid) I'm still in. Otherwise, especially if I t's the ground water, I want to walk. Is there anyway out if this if the seller's agree to all repairs but their idea of "fix"  isn't our idea of "fix"?