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Buyer backs out of home purchase 4 days before closing

Posted on 10/29/13 at 1:51 pm
Posted by pottymouth
Hell
Member since Jul 2011
89 posts
Posted on 10/29/13 at 1:51 pm
Buyer called the listing agent on a Tuesday night to rescind the purchase agreement and threatened the agent if he and the seller tried to sue for breach of contract. Buyer claims it is because of a failed radon test, but it was ten days after the inspection and test. The seller agreed to provide a radon reduction system.
The closing is on Friday. Seller is going to go after him and the agent filed a police report. Will they be successful? Should they still go to the closing?
Posted by yellowfin
Coastal Bar
Member since May 2006
98788 posts
Posted on 10/29/13 at 1:54 pm to
Police? I don't see anything criminal in there?
Posted by BigAppleTiger
New York City
Member since Dec 2008
10982 posts
Posted on 10/29/13 at 1:56 pm to
Did buyer rescind the offer before or after specified inspection period on purchase agreement?
This post was edited on 10/29/13 at 1:57 pm
Posted by Broke
AKA Buttercup
Member since Sep 2006
65371 posts
Posted on 10/29/13 at 1:56 pm to
Please tell me they put down a nice sized deposit. Because I love stories like that.
Posted by wiltznucs
Apollo Beach, FL
Member since Sep 2005
9290 posts
Posted on 10/29/13 at 2:03 pm to
quote:

The seller agreed to provide a radon reduction system.


Unless there has been a major technological breakthrough that keeps naturally occurring radioactive materials from forming there is no such thing.

quote:

Will they be successful? Should they still go to the closing?


In the end it sure sounds like the additional legal expenses and months of litigation associated with chasing the buyer should be considered. You may be better off cutting your losses and finding another buyer.
This post was edited on 10/29/13 at 2:05 pm
Posted by boosiebadazz
Member since Feb 2008
84746 posts
Posted on 10/29/13 at 2:10 pm to
Just use first-person nounds.
Posted by pottymouth
Hell
Member since Jul 2011
89 posts
Posted on 10/29/13 at 2:14 pm to
quote:

In the end it sure sounds like the additional legal expenses and months of litigation associated with chasing the buyer should be considered. You may be better off cutting your losses and finding another buyer.

That's what I am thinking, too, but they already entered into a contract on another house. She breaks horses for fun; he doesn't know who he is messing with.
It is in Ohio, so there will be radon in every basement. That can't be the only reason the buyer is backing out on the deal after the inspection period was up.
He did threaten the life of the agent over the phone.
Posted by pottymouth
Hell
Member since Jul 2011
89 posts
Posted on 10/29/13 at 2:17 pm to
Shoot, I wouldn't live in Ohio if someone gave me a free house.
Posted by rmc
Truth or Consequences
Member since Sep 2004
27269 posts
Posted on 10/29/13 at 2:22 pm to
quote:

Buyer claims it is because of a failed radon test, but it was ten days after the inspection and test. The seller agreed to provide a radon reduction system.


lol, what do they live next to?

quote:

Seller is going to go after him and the agent filed a police report. Will they be successful? Should they still go to the closing?


All of these questions are loaded. Need a lot of details that probably shouldn't be shared at this point.
Posted by guttata
prairieville
Member since Feb 2006
22642 posts
Posted on 10/29/13 at 2:34 pm to
Simply keep the deposit. Seller agreed to remedy the issue the buyer had and the buyer had a change of heart. Keep the deposit and let the buyer spend more $$ trying to get their deposit back.
Posted by wickowick
Head of Island
Member since Dec 2006
46298 posts
Posted on 10/29/13 at 5:40 pm to
Had a buddy that was recently forced to sell a lot by a judge based on a poorly worded purchase agreement when they decided they didn't want to sell...
Posted by bryso
Member since Dec 2006
27136 posts
Posted on 10/29/13 at 10:35 pm to
Police report? How is that justified?
Posted by MoreOrLes
Member since Nov 2008
19472 posts
Posted on 10/29/13 at 10:45 pm to
Is it a performance contract or an earnest money contract?
Posted by fishfighter
RIP
Member since Apr 2008
40026 posts
Posted on 10/30/13 at 4:30 am to
quote:

Simply keep the deposit. Seller agreed to remedy the issue the buyer had and the buyer had a change of heart. Keep the deposit and let the buyer spend more $$ trying to get their deposit back.


This is the only answer.
Posted by LSU1018
Baton Rouge
Member since Feb 2007
7364 posts
Posted on 10/30/13 at 7:04 am to
No way cops will be involved IMO. As others have stated, seller will likely get deposit
Posted by Fat Bastard
alter hunter
Member since Mar 2009
89844 posts
Posted on 10/30/13 at 7:06 am to
quote:

the agent filed a police report.


Posted by Hammond Tiger Fan
Hammond
Member since Oct 2007
16410 posts
Posted on 10/30/13 at 8:16 am to
quote:

Simply keep the deposit. Seller agreed to remedy the issue the buyer had and the buyer had a change of heart. Keep the deposit and let the buyer spend more $$ trying to get their deposit back


I agree with this answer as well. What purpose do you think a deposit serves?
Posted by hawkeye007
Member since Feb 2010
6107 posts
Posted on 10/30/13 at 10:14 am to
buyer keeps the deposit and put's the house back on the market
Posted by pottymouth
Hell
Member since Jul 2011
89 posts
Posted on 10/30/13 at 10:38 am to
The buyer threatened to come over with a gun and shoot the agent. Does that not warrant a police report? Shouldn't he cover his bases?
Posted by LSU1018
Baton Rouge
Member since Feb 2007
7364 posts
Posted on 10/30/13 at 10:57 am to
Yea that's a small detail you left out but has nothing to do with the house.
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