Buyers signed contract, moved in before closing, now threatening not to buy the home

[kevinreece]

What is the name of your state? SC

A family signed a contract to buy my house at the end of October (inheritance forthcoming that will help purchase the home). They wanted to go ahead and move in early to get their kids into the schools in the area. They gave a list of several items they wanted fixed before they moved in, which I did. They also asked for a french drain to be put in due to water under the house. I have had 2 experts look at the 'water problem' with both of them agreeing that there is no problem. This family has now lived in my house for a month, and are threatening to back out of the contract if I don't pay to have the french drain put in ($1700) or to have the price taken off the house. They did sign a Buyers Agreement to Occupy Before Closing which states that they agree to the house the way it is as soon as they move in. I'm being told by my realtor that the only recourse I have is to either pay for the drain, or let the family move out and find another place. I assume this means I would be entitled to the earnest money that they put down. Would it then be possible for me to go after them for breach? Is this even a worthwhile endeavor? Any help would be appreciated.

 

[annefan]

What does your Agreement of Sale and your Buyers Agreement to Occupy Before Closing say?

 

[kevinreece]

Is there a way I can attach files here? I've got the entire document saved (with specific people information blanked out) that I'd like to show you if possible.

Thanks!

 

[HomeGuru]

Is there a way I can attach files here? I've got the entire document saved (with specific people information blanked out) that I'd like to show you if possible.

Thanks!

**A: if you ned to attach files then hire an attorney to review those files.
Your Realtor is correct.

 

[kevinreece]

I know that the realtor is correct. I was only going to attach files, because it was asked what was in the buyer agreement to occupy before closing. (I wasn't sure if annefan had seen one before.) Both the buyer/seller contract and this buyer agreement to occupy are standard Prudential contracts.

If they back out, they forfeit the earnest money, correct? (At least that's how I read the contract.)

In your experience, has it been worthwhile to go after a seller that backs out for breach? Has it furthermore been hard to collect on a breach settlement?

Thanks!!!

 

[HomeGuru]

I know that the realtor is correct. I was only going to attach files, because it was asked what was in the buyer agreement to occupy before closing. (I wasn't sure if annefan had seen one before.) Both the buyer/seller contract and this buyer agreement to occupy are standard Prudential contracts.

If they back out, they forfeit the earnest money, correct? (At least that's how I read the contract.)

In your experience, has it been worthwhile to go after a seller that backs out for breach? Has it furthermore been hard to collect on a breach settlement?

Thanks!!!

**A: the better question should have been " what was the agreement for the french drain?"

 

[kevinreece]

Good question. There was no agreement. The buyer submitted a list BEFORE they moved in that included 'problem with water under the house'. I had companies complete every item on the list that the buyer wanted fixed and had 2 experts come out and look at the water under the house. (The cl-100 guy and the home builder that fixed the other problems.) They both determined that there was no water problem. This was passed onto the buyer BEFORE they moved into the house. The buyer agreement to occupy before closing states that the buyer agrees to accept the house as-is as soon as they occupy the house. For them to now be asking me to pay anything more out in fixing/renovating the house seems ridiculous to me.

Does this help?

 

[BelizeBreeze]

Good question. There was no agreement. The buyer submitted a list BEFORE they moved in that included 'problem with water under the house'. I had companies complete every item on the list that the buyer wanted fixed and had 2 experts come out and look at the water under the house. (The cl-100 guy and the home builder that fixed the other problems.) They both determined that there was no water problem. This was passed onto the buyer BEFORE they moved into the house. The buyer agreement to occupy before closing states that the buyer agrees to accept the house as-is as soon as they occupy the house. For them to now be asking me to pay anything more out in fixing/renovating the house seems ridiculous to me.

Does this help?

Only if they signed it

 

[HomeGuru]

Good question. There was no agreement. The buyer submitted a list BEFORE they moved in that included 'problem with water under the house'. I had companies complete every item on the list that the buyer wanted fixed and had 2 experts come out and look at the water under the house. (The cl-100 guy and the home builder that fixed the other problems.) They both determined that there was no water problem. This was passed onto the buyer BEFORE they moved into the house. The buyer agreement to occupy before closing states that the buyer agrees to accept the house as-is as soon as they occupy the house. For them to now be asking me to pay anything more out in fixing/renovating the house seems ridiculous to me.

Does this help?

**A: no.............you are actually not protected as there is no agreeement that states you do not have to resolve the problem.