Can I terminate a pending contract if the seller only allowed a partial inspection of the property?
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Can I terminate a pending contract if the seller only allowed a partial inspection of the property?
An offer was put in and accepted by both parties. An inspection was scheduled and took place but the owner
arrived unexpectedly and called it off. A partial inspection was done which included the perimeter of the home, a termite, radon and mold inspection. The owner refuses to allow the same inspection team to come back to complete and requested another company. However, the inspection was prepaid.
Asked on July 28, 2019 under Real Estate Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If this was not an "as is" sale but rather included an inspection contingency or clause in the contract of sale, then the seller's refusal to allow the contractually guaranteed inspection is a material, or important, breach of contract and will allow the buyer to terminate the contract without penalty and get his/her deposit back.
If the sale was "as is" so there was no right to an inspection in the contract but it was just a courtesy that the seller was allowing the inspection, then the contract was not breached or violated and the refusal to allow an inspection does not allow the buyer to terminate the contract. The buyer could potentially sue the seller later for the money he or she paid for an inspection he or she could not conduct.
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