Seller Is Trying To Take Half Of My Escrow
I attempted to buy a house and after the inspection I gave the seller a list of items to fix. They signed the list stating they would fix all of the items, but when I showed up for final inspection I discovered a couple of the items weren't fixed. In addition, there was a large hole in the wall they had done a horrible job repairing to the point of it portruding from the wall (this was covered by a collage of family photos) as well as a paint spill on the carpet they had covered up with furniture. I originally agreed to buy the house because it was move in ready except for painting a few rooms and cleaning some of the carpet. After final walk thru, I realized that I now had a long list of items that would require various people to come in and fix; which, I couldn't afford. The sellers refused to repair some of the items on the list and for that reason I requested to be released from the contract. Now the sellers are trying to get half of my escrow. This has never happened to me before and I don't know what to do. Any suggestions? :-(
Was the paint spill and hole in the wall a consequence of their repair work? Is the long list of items to be repaired the same list that they agreed to fix, or did you just discover these for the first time at your final inspection?
The paint spill and hole in the wall were a conscequence of their handy work. The other items like a window in the underground basement that was just laying the wall and not fully set into the wall or functioning was on my inspector's list that the seller's signed.
When you say that they are trying to take half of "my escrow" I assume you mean half of the earnest money you put up.
If you haven't done this yet, you need to talk to the escrow agent and describe why they are in breach and ask what is needed to get your money released. Perhaps your purchase contract calls for arbitration of some kind. I would think that your position is strong if you have a signed list of repairs and can photograph the unfinished work and the damage done by their repairs.