Pikesville, MD asked in Real Estate Law for Maryland

Q: If I back out because the seller won't make some changes I requested on inspection addendum, can they keep my earnest $?

The seller hired a contractor to review my requested changes, and that contractor said some of the changes aren't necessay (although my inspector said they are). They aren't willing to make the changes their contractor deemed unnecessary, so we would need to spend about $25,000 making them. I've backed out and they want to keep my earnest money since they agreed to make all "necessary" changes I requested. Can they do that?

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1 Lawyer Answer
Thomas C. Valkenet
Thomas C. Valkenet
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: It depends on how your contingency in the contract documents reads. It would be silly, for instance, to allow folks to dump a contract for minor things. But you won't get the answer you need unless someone actually reads your documents and compare them to the chain of communication and documents dealing with the inspection and requested repairs.

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