Buying or Selling a Home/Require to give home inspector to listing agent after cancel RPA?
QUESTION: I hire a home inspector for a home, but the loan didn't go through. I did not qualify for a loan.
So i had to cancel the purchase agreement. Sellers sign the cancellation of RPA and escrow, form cc.
Now the listing agent ask me to provide a copy of the home inspection report for their"broker" file even though
the sale was cancel, she said that I have to per the residential purchase agreement 10b (sellers right, but she's not the seller.
Legally, am I require to provde the report to her even though the purchase agreement was cancel? I don't want to loose my deposit.
I know she's holding the form (not faxing it to escrow)because of the hi report.
I do not want to give them because I paid for it, why they need for their file anyway.
Do sellers have the right not to sign off the escrow cancellation form (from escrow) for this reason? They already signed the standard form cc. I want my deposit soon.
I sign the form last Monday, today is Thursday and they having sign and submit to escrow.
Is there a time limit they have to sign it by. What are my options?
I ask this question already, but I didn't get an exact answer. So please advise.
Thank you in advance for your answer
ANSWER: Hi Christy.
I am sorr to read your loan did not go through... The seller has the right to the report. Once you have turned it over, afterall, there isn't any logical reason not to, they will sign off for escrow and you will be eligible to have your deposit returned. The longer you hold out the more cause you give the seller to drag their feet. I know it may not seem fair that you paid for the report. Unfortunately, all reports must be delivered to all parties as part of the disclosure requirements.
Good luck with your next purchase attempt, Christy!
---------- FOLLOW-UP ----------
QUESTION: But doesn't the require disclosure stops after I cancel the contract? Why I have to take further actions?
The rpa is so vague in this situation. I know that I have to disclose if I do buy the house.
I wonder if this is a clear cut law.
Different realtor said different thing, one realtor tells me i'm not obligated to do that
Another tell me it's a require. I just feel there is not really an answer to this.
Could I complaint with the DRE after I hand over the report just to get my deposit back without delay ?
In your years of experience, Have you ever request or this from buyers even after cancellation just for your file?
Is the listing agent being a buly by withholding the cancellation form because of this? Well that's how I feel.
Thank you for your time
Please ask your Realtor to call the California Association of Realtors Legal Dept. As part of dues this service is free. An attorney will give your Realtor the definitive answer as to whether or not you have an absolute legal obligation.
As for my experience, I have had buyers who have had some resistance to handing over a report they have paid for. However, I have been able to discuss their reluctance with them and they have come to realize there is no harm in providing the reports. I know buyers get very disappointed in not getting the home / loan. But, this one cannot blame this in the sellers. And, it doesn't accomplish any forward progression to hold out.
If you are not already aware, the sellers cannot enter into escrow with another buyer until yours has been closed out. The longer both sides hold off the more tense the situation will become and the deposit funds are more likely to be fought over.
I sincerely wish you the best, Christy!