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KartveliT
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Member since 1/08 8363 total posts
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I feel like we are trapped with this house, what can we do?(walking away after the inspection)
So as I posted we did the inspection on a house and they found too many problems, including settling, foundation cracks and sagging flooors and cracked/stuck windows, and possibility of mold and meldew and many other things .
We called the lawyer telling him we want to walk away . He said we still have to show the report to sellers and ask them to repair things so I emailed him list of problems listed on the inspection report(few pages) and said that we want everything fixed by a licensed contractor/plumber/electician with receipts and statements form them . He sent out the inspection report and my list of things to the sellers lawyer. Then he emailed me back saying this:
"I do not think that they will agree to make many of the repairs. Please do not be overly optimistic. The price of the house is very low for a detached single family house. Based upon my experience, they will likely do a few of the minor items & perhaps offer a small credit. When I receive a reply, I will share it w/you."
What if they come back saying they'll fix everything????????
WE STILL DON'T WANT THE HOUSE. Even if they fix ALL the problems listed .
Some problems like settling is pretty serious and the inspector said more settling expected in the future.
I just don't know what to do, my DH and I are so stressed about this whole situation.
How do we get out of this . I feel like we are trapped and we can't get out.
Just want to hear from people who have walked away from a house after the inspection bc of too many problems.
SORRY FOR TERRIBLE SPELLING
Message edited 1/27/2009 11:28:23 AM.
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Posted 1/27/09 11:23 AM  |
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Sassyz75
Turning a new page
Member since 5/05 9731 total posts
Name:
Dina
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
did you already sign the contract?
we didn't sign anything until we had the inspection- so we just walked away and it was no big deal.
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| Posted 1/27/09 11:27 AM |
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jerseygirl
LIF Adolescent
Member since 11/08 808 total posts
Name:
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
You're lawyer sounds kind of like a jerk. He's working for you and he needs to understand that. You can def walk away from a house if it's not up to par with inspection. I would tell him that you don't want the house and to take the offer off the table..plain and simple.
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| Posted 1/27/09 11:28 AM |
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KartveliT
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Member since 1/08 8363 total posts
Name:
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by Sassyz75
did you already sign the contract?
we didn't sign anything until we had the inspection- so we just walked away and it was no big deal.
yes DH signed it
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| Posted 1/27/09 11:30 AM |
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KartveliT
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Member since 1/08 8363 total posts
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by jerseygirl
You're lawyer sounds kind of like a jerk. He's working for you and he needs to understand that. You can def walk away from a house if it's not up to par with inspection. I would tell him that you don't want the house and to take the offer off the table..plain and simple.
I tried that yesterday, told him we want out. but this is the big problem: he said we still need to contact the sellers and their lawyer and have them look at the contract and see if they are willing to fix.
So he is saying we can't just walk away.
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| Posted 1/27/09 11:33 AM |
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Sassyz75
Turning a new page
Member since 5/05 9731 total posts
Name:
Dina
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
did your contract have a home inspection contingency? I believe all contracts have some type of contingency period- your lawyer should be helping you with this- you need to be straight with him and tell him you aren't happy w/ the inspection and want out.
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| Posted 1/27/09 11:33 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
you went to contract without an inspection? Did your lawyer know this?
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| Posted 1/27/09 11:34 AM |
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Sassyz75
Turning a new page
Member since 5/05 9731 total posts
Name:
Dina
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by Blu-ize
you went to contract without an inspection? Did your lawyer know this?
this doesn't make sense at all.
we had the contract faxed to our atty- but we didn't sign anything until after the inspection was done (and never signed- we walked).
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| Posted 1/27/09 11:40 AM |
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Kris92
LIF Infant
Member since 5/08 298 total posts
Name:
Kris
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by Sassyz75
did your contract have a home inspection contingency? I believe all contracts have some type of contingency period- your lawyer should be helping you with this- you need to be straight with him and tell him you aren't happy w/ the inspection and want out.
I was going to say the same thing. We had the inspection before the contract was signed, but I thought that a contract would normally state that it is dependent on inspection also. Hope your lawyer is able to help you out and get this solved asap!
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| Posted 1/27/09 11:43 AM |
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JldDolphin
Member since 1/07 6929 total posts
Name:
Jen
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by Sassyz75
did your contract have a home inspection contingency? I believe all contracts have some type of contingency period- your lawyer should be helping you with this- you need to be straight with him and tell him you aren't happy w/ the inspection and want out.
Any lawyer should have made sure this kind of contingency was in place before anyone signing the contract.
Did you already give the check for your downpayment? If it was just a very small amount of money, maybe you can walk away from it that way. But you should never sign a contract before the inspection. Sorry you are going through this. GL! 
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| Posted 1/27/09 11:44 AM |
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babymakes3
Almost there!
Member since 7/06 7376 total posts
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Did your DH sign the purchase agreement or the sales contract?
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| Posted 1/27/09 11:44 AM |
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KartveliT
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Member since 1/08 8363 total posts
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
JUST TO CLARIFY , WE SIGNED THE INITIAL OFFER/ATTORNEY REVIEW CONTRACT. NOTHING ELSE.
"CONTRACT FOR SALE OF REAL ESTATE"
Message edited 1/27/2009 11:55:06 AM.
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| Posted 1/27/09 11:49 AM |
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KartveliT
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Member since 1/08 8363 total posts
Name:
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by JldDolphin
Posted by Sassyz75
did your contract have a home inspection contingency? I believe all contracts have some type of contingency period- your lawyer should be helping you with this- you need to be straight with him and tell him you aren't happy w/ the inspection and want out.
Any lawyer should have made sure this kind of contingency was in place before anyone signing the contract.
Did you already give the check for your downpayment? If it was just a very small amount of money, maybe you can walk away from it that way. But you should never sign a contract before the inspection. Sorry you are going through this. GL!
$500 check toward the downpayment.
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| Posted 1/27/09 11:54 AM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
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They call me "Tater Salad"
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
What does the paper you signed say?
If it says that it's contingent upon inspection (which it SHOULD) then you can walk away.
You DO NOT have to share the report with the other side.
We walked away from a house when we were first looking b/c we had similar reservations from the inspection. We told the seller's realtor that the inspection wasn't up to par and we were not willing to negotiate over the items the inspector found. They asked for a copy of the report. I told them they could have it if they reimbursed us for half the cost of the inspection. Suddenly, they didn't want the report anymore...
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| Posted 1/27/09 11:56 AM |
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ave1024
I Took The Wrong Road
Member since 12/07 6153 total posts
Name:
That Led To The Wrong Tendencies
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
This sounds like an incredibly bad lawyer to me. At least from the bits and pieces posted here.
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| Posted 1/27/09 12:00 PM |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
We also signed a contract before inspection, but we had a contingency clause that was dependent on the outcome of the inspection but we had a certain amount of time in which to decide. We were able to walk away without losing anything.
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| Posted 1/27/09 12:01 PM |
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babymakes3
Almost there!
Member since 7/06 7376 total posts
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by dediko
JUST TO CLARIFY , WE SIGNED THE INITIAL OFFER/ATTORNEY REVIEW CONTRACT(NOT SURE WHAT YOU CALL THAT). NOTHING ELSE.
We gave our initial offer in a purchase agreement. It had a statement that the price and offer was pending on the inspection results. Basically, we still had an out if the inspection turned up things we weren't willing to deal with.
We had the inspection done, and it was satisfactory to us. We still wanted the house, but we wanted a little credit for some fixes that we hadn't planned on doing right away and we wanted the seller to fix a couple things prior to closing. We drafted the sales contract with our RE attorney and signed it. If the seller did not agree to our terms/sign, then we could still walk away.
You should be able to walk away from the house - provided the agreement you did sign has the contingency based on inspection results.
It sounds like your RE attorney is trying too hard to make it work. Be firm with him that you are no longer interested in it and you want to pull the plug.
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| Posted 1/27/09 12:04 PM |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
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remember, when Gulliver traveled....
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
If I were you, I'd walk away from this house AND your lawyer.
whatever you signed, purchase agreement OR contract, both SHOULD have an inspection clause.
do you have a copy of what your dh signed? does your lawyer? look at it. look for the expection clause, and when you find it (hopefully) highlight it, show it to all parties, and walk away!!!!!
don't let other people stress you!!! this is total b.s.
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| Posted 1/27/09 12:10 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Sounds like your lawyer needs a kick in the pants. Is business that bad for him?
I agree with the other posters. Look at what he signed and find where it says "upon inspection" or something like that.
Good luck.
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| Posted 1/27/09 12:15 PM |
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KartveliT
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Member since 1/08 8363 total posts
Name:
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
I wonder what would happen if we fired the lawyer and hired another one
Can anyone recommend a good RE lawyer in NJ?
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| Posted 1/27/09 12:23 PM |
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NJmom
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Member since 8/05 4987 total posts
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
just so you don't feel like you got screwed by signing a contract before inspection, it's standard in NJ to sign the contract first and then you usually have a certain amount of days to have the inspection completed if desired. That should be stated in the contract, but your contract should also definitely have a contingency clause regarding the results of the inspection. You should check and see what yours says. I'll FM you the info of the attorney we used.
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| Posted 1/27/09 12:32 PM |
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KartveliT
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Member since 1/08 8363 total posts
Name:
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by NJmom
just so you don't feel like you got screwed by signing a contract before inspection, it's standard in NJ to sign the contract first and then you usually have a certain amount of days to have the inspection completed if desired. That should be stated in the contract, but your contract should also definitely have a contingency clause regarding the results of the inspection. You should check and see what yours says. I'll FM you the info of the attorney we used.
thank you
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| Posted 1/27/09 12:34 PM |
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Erica
LIF Adult
Member since 5/05 11767 total posts
Name:
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
We walked away after an inspection and even the house we bought and signed contracts with - the seller's lawyer was trying to pull some crap and my lawyer got upset and was declaring the contract null and void. He said that 95% of the time the buyer can get the money back even if you sign the contract.
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| Posted 1/27/09 1:02 PM |
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Elbee
Zanzibar
Member since 5/05 10767 total posts
Name:
Me
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Please call another lawyer in NJ (maybe get a recommendation from here?) AND SPEAK TO THEM IMMEDIATELY.
You should not be 'forced' to buy a house - that sounds ridiculous.
If you do not like the inspection report, you should be able to walk away. PERIOD.
Please call another lawyer, fire your current one and RUN from this house.
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| Posted 1/27/09 2:45 PM |
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TheLorax
LOVE
Member since 2/06 5581 total posts
Name:
Suzanne / SuzBride
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Re: I feel like we are trapped with this house, what can we do?(walking away after the inspection)
Posted by Elbee
Please call another lawyer in NJ (maybe get a recommendation from here?) AND SPEAK TO THEM IMMEDIATELY.
You should not be 'forced' to buy a house - that sounds ridiculous.
If you do not like the inspection report, you should be able to walk away. PERIOD.
Please call another lawyer, fire your current one and RUN from this house.
Agreed - that is kind of the point of the inspection. So you know what you are buying and can accurately determine if it is a purchase you want to make.
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| Posted 1/27/09 3:07 PM |
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