I got an email from the agent the day of the inspection saying she would be out due to a family emergency, but she would be answering her cell phone and her assistant would be available. The night of the inspection, I both called her and left a VM as well as sent her an email, regarding our decision based on the inspection. We still haven't heard back from her or her assistant.
My wife is worried that since the inspection technically occurred after the 10-day cut-off per the contract that we will not get our deposit back. However, I'm not too worried on four accounts:
1. I received the signed contract via fax on October 1st, which means I had until the 10th (or 11th) to do the inspection. The inspection was on the 9th.
2. The signed contract I received was signed by the Seller on September 26th, however, it was the wrong contract. I told the agent that I had forgotten to add my wife as a Buyer and sent the revised contract to her on the 26th of September. I also told her that the contract I sent her two days before that should NOT be used due to it not having my wife's name, which she said she would do.
3. In the contract, I specifically mentioned the owner has 10 days to give me a copy of ALL of the current lease agreements for my review. I still haven't gotten them.
4. There is a clause in the contract that says something to the affect that Buyer and Seller agree that time is not of the essence and will not be strictly enforced unless agreed to in writing.
I sent the agent a follow-up email this morning asking her if the Seller wanted a copy of the inspection report, and, if he did, it would probably be a few days since the inspection company mailed it to me and I still haven't received it.
Update: Not more than 20 mins after making this post, I got an email from the agent's assistant saying the Seller wants a copy of the report, and that she left a message with the inspection company to get a copy.
Thursday, October 11, 2007
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4 comments:
Well, it sucks that the property is in such bad shape, but at least you found out!
Yeah. I knew it had some problems (mainly the extra electric line needing ran from the street to the property and some minor stuff), but nothing to this extent. I looked over the Seller's disclosure again last night, and he made it seem like it was in almost perfect shape!
>"that Buyer and Seller agree that
>time is not of the essence"
Wow! I've never seen that in a contract.
bogonflux - Yes, it's in the standard contract from the agent. I paraphrased what it said, but essentially that is it. I just had to initial the choice that said "IS NOT".
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