Goffstown, NH asked in Real Estate Law for New Hampshire

Q: Is Seller required to return deposit to Buyer despite Seller's offer to remedy as noted in the home inspection report ?

Home inspection report revealed a "minor" foundation crack that indicated "...if crack gets larger than 1/4" or allows moisture intrusion have epoxy sealed - monitor (minor)." Despite the seller's offer to remedy the crack, the buyer wants to walk away from the transaction with the deposit money. Is the seller legally required to return the deposit, in full, to the buyer?

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1 Lawyer Answer

Joseph Kelly Levasseur

PREMIUM
Answered
  • Manchester, NH
  • Licensed in New Hampshire

A: The home inspection is one of the ways a buyer can get out of a contract-it also depends on the purchase and sales contract he signed with you. You could argue that such a minor infraction is not a breach of the agreement and that you should have the ability to cure the alleged defect, or you could get someone else to perform a home inspection on your behalf to give an opinion that this tiny crack does not invalidate your contract. it really depends on how hard you want to fight and how much you want to spend. You should pay the buyer back and find another buyer but also fix the issue. good luck!

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