Newaygo, MI asked in Real Estate Law for Michigan

Q: In contract and found mold during inspections

I've been told if I ask for seller to fix they could cancel contract and fix on their own. (There is supposedly 2 more offers that came in after our contract was closed, 1 is 10% more than we offered) Can I legally force them to resolve the mold or will i risk losing home, since they can refuse fixes?

Not 'As - is'

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2 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Dexter, MI
  • Licensed in Michigan

A: If the contract is worded as I expect that it is, which is to give you the option of cancelling the purchase in the event of an unsatisfactory inspection, and to give the seller the option, but not the obligation, to try to remedy the defect, then you cannot force the seller to resolve the mold issue. I say this without having read your contract. You should consult with an attorney who can review your contract if you want a reliable answer and require assistance to understand the terms of the contract.

Kenneth V Zichi agrees with this answer

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: If you want actual legal advice, I concur with Mr Morris. A review of the contract is necessary, and I further concur that MOST contracts are written as he suggests.

If you are willing to buy the house 'as is' why bother with inspections? If the mold will cost a lot to remediate, you will want that done before closing. If you are willing to eat the cost of repair, go ahead and close knowing you have an expense ahead. Whether or not someone ELSE wants the house is irrelevant. What do YOU want? In other words, knowing the expense ahead is this still a 'good deal'? If the answer is 'no' you're not so much losing the house as you are not incurring an expense.

But look at this further:

"I've been told" implies your real estate agent said this.

Consider the fact that most agents work on straight commission.

Real Estate agents don't get paid unless the deal closes.

They will likely try to push you to close.

Cause and effect for that are up to you to decide.

If you want real legal advice, talk to a local real estate attorney,

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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