Colorado Springs, CO asked in Real Estate Law for Colorado

Q: As a seller, what are my rights concerning the buyers inspection issues if I have a better back-up offer in place?

I am a seller under contract. In addition to the 1st offer, I have a better back-up offer. The buyer has just asked for several expensive things to be fixed in the Inspection Objection. Can I just say no and move on to the better backup offer? What makes this a tricky situation is that the buyer is my listing agent's client.

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1 Lawyer Answer

A: Since Justia does not create an attorney-client relationship, I cannot directly answer your question. As a general rule, you, the seller, have a right to reject the (counter) offer of repairs (or discount for the repairs), but the buyer can still enforce the contract (assuming the buyer drops the fix requests). Also be aware that you as the seller cannot conduct actions to knowingly frustrate the existing contract by being unreasonable or adding new unreasonable conditions. I have not reviewed your contact, so there may be provisions that modify these general rules (some contracts make the offer conditional on "satisfactory inspection"). If you want specific advice you will need to contact a lawyer.

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