Would appreciate thoughts.
We’re buying a cute little house that unfortunately has a bad history with termites, carpenter ants, and wood boring beetles. There is old damage around the house and detached garage/workshop. We were going to walk but seller enticed us to stay by agreeing to all remediation, no matter the price. We agreed. Three weeks later, we are 4 business days from closing and get a text from realtor asking if we would agree to close on our original contract closing date of Sept 30 while repairs get done October 8 since contractor can’t come in sooner.
We are worried that they’ll go in and find more damage. Listing agent agreed to contribute $1,500 if additional repairs are necessary, and had the contractor max out the estimate to $6,000. We still think there’s potential for a lot more repairs and the contractor isn’t sending us the documentation we need to better understand the repairs and what they pulled back to inspect or didn’t. They’ve had 3 weeks to get this information over to us, and I think our realtor dropped the ball. We finally got a half-assed repair proposal tonight.
Our realtor is a full-time professional and does real estate on the side, and I suppose wasn’t ready for how complicated this shit gets. She’s stopped texting and wants us to figure things out with the contractor. She just wants her commission, it’s obvious. We went with her because she’s a hustler, but she’s really dropped the ball. We asked her point blank if she would have time to do this, and she said “absolutely!” She’s a new realtor and isn’t solving any of the problems that come up.
After all the drama (there was more before), we are fed up. At this point, it’s a matter of principle but also our lender gave us a tenuous clear to close and he doesn’t want to jeopardize it by moving closing date up to allow for repairs to be done before closing.
If we don’t agree to the repairs being pushed out to October 8, seller is in breach if we don’t sign Sept 30. We get our earnest money deposits (~$10k) back and threaten to sue for appraisal/inspection refund since they breached. We then move on and find a house that isn’t full of fucking bugs. The market is a lot better now with many more options at better prices than even a month ago.
What do? I’m thinking of calling her broker to step in, or asking our lawyer to draft something that puts all of the commission in escrow to cover repairs if we decide to go ahead and close September 30 and let the repairs be done after the fact.