Can seller do mold remediation without both buyer and seller agree on the remediation?

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Can seller do mold remediation without both buyer and seller agree on the remediation?

I submitted an addendum for mold remediation performed by certified mold remediator who also provides 2 yr warranty. But before we ever get the written response back from the seller, seller performed the remediation because he is a licensed contractor then sent the response to us that his company will do the remediation, and buyer pays for re-inspection. We responded their counter-offer with pulling our contract and sending release agreement. Now, seller wants all of the escrow to recuperate his loss from repair he did & home was off market for 2 months. How can I get my deposit?

Asked on May 15, 2009 under Real Estate Law, Maryland

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The seller isn't entitled to have you pay to fix his house if you're not buying it, that's not a "loss" because he certainly would have to have done the work, or had it done, before he could sell it to anyone who was paying attention.

A lot depends on how the contract was set up, as far as problems like this which, I am assuming here, were discovered when you had an inspection done.  It might also depend on how all the letters and documents that have gone back and forth since the original contract were worded.  Differences that might strike you as small or insignificant can completely change the result.

If you have been trying to do this without a lawyer, it is past time to find yourself a good real estate lawyer to step in.  One place that you can find qualified counsel is our website, http://attorneypages.com


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