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No Longer Want to Purchase This Home...How Can We Get Out of Closing?

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Anonymous
Not applicable

No Longer Want to Purchase This Home...How Can We Get Out of Closing?

Hello all,

 

  We recently made an offer on a home, it was accepted.  We went through the inspection and the seller agreed to fix the things on it with the exception of one item.  Problem is, the inspector didn't even note this particular problem in his report....even though we pointed it out to him and he discussed it with us.  We honestly just assumed that he had included it since it was an issue (I know, we shouldn't have assumed).  Now the seller is saying, basicially, tough....not fixing it because it wasn't in the report.  Our realtor seems to be working more for him than us so we feel so scared and lost.  She knows that we want to back out of buying the home, but has not in so many words, told us that we can't back out.  We are desperate enough to now figure out how we can affect our credit score inorder to not have to close in the next 3 weeks.  I know that probably sounds awful and dumb, but we are not getting any help from our realotor or bank lender on how to proceed.

 

Any help/advice from you would be greatly appreciated!

Message 1 of 24
23 REPLIES 23
webhopper
Moderator Emeritus

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?


@Anonymous wrote:

Hello all,

 

  We recently made an offer on a home, it was accepted.  We went through the inspection and the seller agreed to fix the things on it with the exception of one item.  Problem is, the inspector didn't even note this particular problem in his report....even though we pointed it out to him and he discussed it with us.  We honestly just assumed that he had included it since it was an issue (I know, we shouldn't have assumed).  Now the seller is saying, basicially, tough....not fixing it because it wasn't in the report.  Our realtor seems to be working more for him than us so we feel so scared and lost.  She knows that we want to back out of buying the home, but has not in so many words, told us that we can't back out.  We are desperate enough to now figure out how we can affect our credit score inorder to not have to close in the next 3 weeks.  I know that probably sounds awful and dumb, but we are not getting any help from our realotor or bank lender on how to proceed.

 

Any help/advice from you would be greatly appreciated!



If you are still within the 10 day period for inspection, get on the phone and find a new inpector ASAP to come out and write it up.   Did you put that condition into the original purchase offer?  In my purchase offer I wrote in that I wanted some guttering fixed and the sellers accepted that condition up front.

FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 2 of 24
webhopper
Moderator Emeritus

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?


@webhopper wrote:

@Anonymous wrote:

Hello all,

 

  We recently made an offer on a home, it was accepted.  We went through the inspection and the seller agreed to fix the things on it with the exception of one item.  Problem is, the inspector didn't even note this particular problem in his report....even though we pointed it out to him and he discussed it with us.  We honestly just assumed that he had included it since it was an issue (I know, we shouldn't have assumed).  Now the seller is saying, basicially, tough....not fixing it because it wasn't in the report.  Our realtor seems to be working more for him than us so we feel so scared and lost.  She knows that we want to back out of buying the home, but has not in so many words, told us that we can't back out.  We are desperate enough to now figure out how we can affect our credit score inorder to not have to close in the next 3 weeks.  I know that probably sounds awful and dumb, but we are not getting any help from our realotor or bank lender on how to proceed.

 

Any help/advice from you would be greatly appreciated!



If you are still within the 10 day period for inspection, get on the phone and find a new inpector ASAP to come out and write it up.   Did you put that condition into the original purchase offer?  In my purchase offer I wrote in that I wanted some guttering fixed and the sellers accepted that condition up front.



What type of repair is it? How much would it cost to fix?  Your next recourse is to point it out to the appraiser... the appraiser could make note of it in the appraisal, if it significantly effects the value and then the seller would either have to fix it or put funds into your escrow account to have it fixed.  If the house doesn't pass appraisal, or comes back low due to this item, then you can safely back out.  

 

What type of loan are you trying to get? 

FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 3 of 24
Anonymous
Not applicable

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?

I wish that we were still within the 10 days, but we had our inspection on June 27th.  Do you think that if we were to go and buy a new car (which we do need, but were planning to buy it after we closed) this would affect our closing?  Or if we used a credit card to buy furniture?  Or open and/or applied for other credit cards?  All sounds crazy, but we are now realizing that no one is watching out for us....not even our realtor.

Message 4 of 24
Anonymous
Not applicable

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?

It is a FHA loan.  We haven't been notified of when or if the appraisal has even been completed. 

Message 5 of 24
FrugalRican
Blogger

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?

Is that 10 calendar days or 10 business days?

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Message 6 of 24
webhopper
Moderator Emeritus

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?


@Anonymous wrote:

I wish that we were still within the 10 days, but we had our inspection on June 27th.  Do you think that if we were to go and buy a new car (which we do need, but were planning to buy it after we closed) this would affect our closing?  Or if we used a credit card to buy furniture?  Or open and/or applied for other credit cards?  All sounds crazy, but we are now realizing that no one is watching out for us....not even our realtor.


Do you have earnest money involved, if so, how much?  What are your current scores?  If you went and bought a fairly expensive car on a 36 month term, it would definately affect your ability to close.   The realtor, seller, and lender need to know you're ready to pull the plug.

 

I also think you need to make your lender aware of the issue you want fixed, and you could also try to find out the appraisers name and try to be there when the house is being appraised.

FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 7 of 24
webhopper
Moderator Emeritus

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?

I would also think about ordering a Re-Inspection of the property, to "confirm that all repairs have been made satisfactorily"   And by all means use a different inspector, one that you find on your own...   During the second inspection, the inspector could note the item which makes you want to back out of the contract.   Do some research and find one that isn't in bed with the realtor. Contact him directly, do not go through the realtor.

 

 

What specifically is the item that you want to be repaired?

FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 8 of 24
webhopper
Moderator Emeritus

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?

Also considering doing one or all of the following:

 

1. Contact an attorney immediately

2. File a complaint with the National Association of Realtors

3. File a complaint against the inspector with National Association of Home Inspectors

4. Send a Certified Mail Return Receipt requested letter to the realtor, the sellers, and your lender outlining specific reasons you will not follow through with the contract, including the fact that the inspector failed to note a noticeable problem on his final report.

FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 9 of 24
Anonymous
Not applicable

Re: No Longer Want to Purchase This Home...How Can We Get Out of Closing?

My husband's score is the one that they are using because I don't work and his is lower than mine (his was 605 at the end of last month).  He BARELY met this particular bank's accpetable score, which is 600.  I would think that his score would have come up some this month since we have been very careful, but who knows.  We didn't plan to spend more than $20,000 on a new car so this wouldn't affect our debt to income ratio, but would running our credit and applying for credit cards potentially drop us below 600?

 

I have tried to call our lender 4 times today (don't normally call a person this much in one day) and she has her phone on voicemail.  I left a message this last call telling her the issue and also asking if the appraisal had already been done and if not, could we be there for it.

Message 10 of 24
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