Can we get out of a real estate contract if the seller won t turn on utilities for inspection?

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  • Can we get out of a real estate contract if the seller won t turn on utilities for inspection?


Answer #1 | 11/01 2017 18:30
If your offer to purchase states that you are entitled to have an inspection done, and the seller will not turn on the utilities to make it possible, it may be that they are trying to renege on the sale. OR, they may have closed their utility accounts and are not willing to pay a fee to open them again. Regardless of either, you can legally sue the seller for ALL your expenses up until now. You should sue if you actually want the property. Are the sellers aware of their responsibility to pay the realtor's commission? The realtor completed his obligation and must be paid.
Answer #2 | 11/01 2017 17:34
We had our inspection scheduled for Tuesday. I was asked on Monday by the realtor to reschedule because seller isn’t able to get utilities turned on. We rescheduled for Wednesday, utilities still aren’t on. Realtor wants to reschedule for Monday but inspector doesn’t want to set an appointment until we know for sure the utilities are on. This is a bad situation because the realtor is representing us and the seller. I highly doubt seller is going to get the utilities turned on by Monday, since he hasn’t already. Without a complete inspection, we don’t want to move forward, since we know it’s in need of repairs. What can we do from here?
Answer #3 | 11/01 2017 17:54
To legally break the contract, you will have to have your attorney (you have one, right?) give a 'time is of the essence' letter to the seller through their attorney. Give a reasonable amount of time, like 10 days. If the utilities can't be on by then, for whatever reason, then you can walk away. The agent will probably do anything they can to get you to delay even longer - and here's the thing about THAT. The agent is NOT representing you and the seller. That's impossible. If the agent listed the property, the agent is representing the seller, and the seller's interests, and the seller is paying the agent. A seller's agent can work with a buyer, but the buyer's best interests cannot legally be put ahead of the seller's best interests. For you to get that, you would have to hire your own buyer's agent, who would be paid a commission by you, and would not be paid by the seller. So, this agent, representing the seller, will try to keep the deal together. You need to be firm, if moving on is what you really want, and not waver. Because, if you get your attorney involved and then don't hold to the deadline that YOU set, the delay can go on and on until you have your attorney send another letter....and your bill keeps getting bigger and bigger.
Answer #4 | 11/01 2017 18:25
You do NOT know if the premises are in need of repairs until an inspection indicates such. Meanwhile, it appears that the sellers are attempting to have utilities turned on. You can't simply walk away, given the seiller attempts to reinstate utilities.
Answer #5 | 11/01 2017 18:54
They fully understand that part of the inspection requires the utilities to be on. 10 days with no compliance would mean you should walk away. Inform them of this.
Answer #6 | 11/01 2017 19:59
You ask your lawyer to get an assurance from the seller to state that the named facilities are in good working order. Then if there is a problem you can seek compensation.
Answer #7 | 11/01 2017 22:49
Yes, the appraiser has to make sure it works. If he can't you can get out of the contract.

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