State of Indiana. I am the buyer in a real estate purchase.

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State of Indiana. I am the buyer in a real estate purchase.

We have an agreed purchase agreement contingent on home inspection. Home inspection came back with some issues and we submitted in writing to Seller the things that needed repaired/replaced to move forward. We gave the Seller until 8th to get back to us. On our agreement the wording is ‘If seller fails to respond or fails to request in writing an extension of time to respond, seller accepts buyers inspection response above’. Our agent gave a verbal to their agent that they could have until 8pm on 10th. We did not get a response until the 11th by text from their agent. What legal standing do we have? can we hold the seller to the agreement to fix everything requested since they did not respond in time?

Asked on November 11, 2017 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on the language you you quote, their failure to respond in time commits them to the inspection report: the contractual language is very clear and does not appear subject to dispute. Moreover, they did not even respond with the extra time given orally (that's the better term, by the way, not "verbal") by your agent, which means that they can't even try to argue that despite the contract's clear requirement for a written response, that they were in good faith acting on what your agent had told them--they were, by not responding until the 11th, outside the bounds of both the contract and your agent's statement. Therefore, they should be held to the entire inspection list, and unless they address the whole list, you should have whatever remedies the contract's inspection clause gives you.


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