What to do about a dispute regarding an inspection period?

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What to do about a dispute regarding an inspection period?

I tried to buy a short sale. However the seller would not do enough repairs for the house to finance. They are now disputing my binder. I followed my realtors advice. The contract gave 10 days after bank approval of offer to approve inspection and an additional 5 days to ask for repairs. The seller was gone during the entire 10 day period, and they gave me an unclear answer at 5:30 pm on the last day of time allotted for me to approve inspection. My agent said I had more time, so I asked for clarification. I got it 3 days later and cancelled deal. The seller is stating that I breached contract because the  home was sold as is and is disputing the binder stating that I didn’t have 5 days to ask for repairs. Agent is no help, says Ihave to wait 6 months to hear from FREC. What can I do?

Asked on April 25, 2011 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to file a complaint against each of the parties involved and contact your local, state and federal political representatives. It is time to make a big stink and trust me, someone will back down and out. You need to file a complaint against the bank by contacting the agency who regulates it. You need to contact the agency that regulates your agent and you will need to file a declaratory ruling motion in court regarding the seller's bad faith breach of the binder not your breach. The seller is incorrect and the home is not sold as is because ypu had a binder. Put pressure on the bank immediately.


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