Can the seller legally not release my binder if I do not accept the inspection report?

I had a contract on a home contingent on a favorable home inspection. Upon a professional home inspection, they did find some minor electrical and wood rot damage, but the roof was reported improperly installed and requires repair or replacement. Sellers had their roofing company write a statement of date of installation and type and life of shingles with no report of actual conditions found. If I am the buyer and I do not accept the report from inspection, is there some real estate law that enforces the seller to release my binder back to me?

Asked on June 6, 2017 under Real Estate Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on the exact language of the inspection contingency in the contract: the contract's terms govern. So if the terms of the contingency allow you to terminate the contract based on the initial home inspection wich found improper roof installation, then you may terminate and they would have to return your deposit(s).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.