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Hi All,

I also posted this on the Buying a Home page, but I'm desperate and time is running out, so I thought I'd ask here too:

LaMar had posted a while back asking for advice on a home we're buying. Well, the plot thickens . . . we're 3 days away from settlement, and yesterday (because we distrust the seller), I had the house re-inspected to make sure that all the repairs he agreed to make (in the Addendum to the Contract) were actually made. Well, the inspection found that most the repairs were either not made, or not properly made. For instance, the back-up heating unit wasn't functioning properly - he had the oil company come out and replace a fuse. So now, the back-up heat comes on, but it still doesn't function properly. The seller agreed to fill in cracks in the garage foundation, fireplace hearth, and chimney. Only the garage foundation is done. Threre's more, but you get the jist of it. So, we did another addendum last night stating that all repairs get done by noon today and the seller pays to have another inspection done, or he gives us a $5k discount at settlement in lieu of making the repairs. I know already he's not going to go for this, and I know he won't be able to make the repairs in time for a Monday settlement.

My question, what happens in a situation like this? Can the seller back out of the sale and say "Forget it, I'll just rent it out again." If he pulls from the deal, can we force him to reimburse us for the inspections, assessment, plot survey, and termite inspection? What leverage do we have at this point?

Thanks in advance for any advice.


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