Buying A Home
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Backing out of buying

We are having second thoughts. We have $5,000 in escrow and are supposed to do the inspection of the property were are under contract with on Monday night. The contract stated that the sellers would do no repairs. We don't want to lose the money in escrow but for various reasons we had a change of heart. Is there any way to back out without losing our money? We feel really awful about it.
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Re: Backing out of buying

  • You can probably back out after the inspection even knowing the seller won't do any repairs.
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  • imageRachaelA:
    You can probably back out after the inspection even knowing the seller won't do any repairs.
    I would imagine this. As with everything, I'm sure it would depend how your contract was worded. Just because a seller won't pay for repairs doesn't mean that you have to commit to buying a house regardless of what needs repaired!  There's a big difference if you go into inspection knowing they won't fix anything and only minor things are found or if you have an inspection and there are major or $$$ things found. 
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  • It may be early enough in the process to back out but do it NOW not later. You may not get all your escrow back but hopefully they will not keep entire $5000. Really depends on how your contract is written. Do you have contingencies that give you an out? Suggest you call your agent ASAP so she can let sellers know. 

    Are your reasons for backing out valid or cold feet? Definitely think things through a lot more carefully before you place another offer on a home so you don't run into this issue again.

  • an unacceptable inspection will help you walk away.
  • Ask your attorney and/or your lawyer.

    We were told that in our state (New Jersey), we could walk away without financial penalty if we did it before the final papers were submitted. 

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  • If you have an inspection contingency, you can likely back out after the inspection if something (anything!) is wrong with the house.  you know the owners won't fix it, so you are inspecting to determine whether you want to fix any items that need fixing, or not.  It's up to you to decide what is worth buying and what's not - even if something very minor is wrong, you can still decide not to buy based on that.  I think.
  • The way our contract was worded, we were able to back out without any reason. We discovered we would never be able to install a pool, so we backed out without any financial loss.
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