B****n
发帖数: 1523 | 1 签了contract，deposit被兑了，正在inspection，可是房外水管爆裂，水进了
basement（肯定），house（unkown)。
我想退出，不知道deposit是不是能合法拿回来。
签contract的时候，seller's disclosure上明文有
57. Is there any past or present water leakage in the house? No
66. Is there any water leakage, accumulation, or dampness within the
basement or crawlspace? No
67. Have there been any repairs or other attempts to control any water
or dampmess problem in the basement or crawlspace? No
基于这些我才签的，offer的contract上的价钱。现在状态变了，我是不是能合
法退出，拿回deposit.
签的合同上有：
18. RISK OF LOSS. The risk of loss or damage to the Property by fire, wind
storm or other casualty until settlement shall be borne by Seller. If any
part of the property is damaged or destroyed by fire
or other casualty loss, Seller shall restore the same
to its previous condition as soon as reasonably possible, but in any event
by settlement date. If Seller is unable to do so, Buyer
may terminate this Agreement and the deposit monies shall be refunded to
Buyer in accordance with the terms of this Agreement.
19. CONDITION OF PROPERTY; INSPECTIONS. Seller shall deliver the Property in
substantially the same physical condition as of the date of this Agreement
unless repairs are agreed to as part of the
inspection processes explained in paragraphs 20, 21
and 22. However, the electrical, plumbing, wastewater/septic system, well,
heating, air conditioning, and any other electromechanical
systems, appliances and equipment included in this Agreement shall be in
operating condition at time of final settlement unless otherwise disclosed
in the Seller’s Disclosure of Real Property Condition Report Form or
elsewhere in this Agreement of Sale. Seller’s responsibility for these
items shall expire at the time of settlement.
Seller shall not be obligated to repair any defects fully disclosed in the
Seller’s Disclosure of Real Property Condition Report
or defects otherwise accepted by Buyer in this Agreement or as a result of
the inspections. However, specific actions required
by this Agreement, or agreed to by addendum resulting from the inspections,
such as “repair defective electric outlet in the
kitchen,” will remain part of this Agreement.
Any failures of the Property occurring between the time of final acceptance
and settlement shall be repaired by Seller, at
Seller’s expense, prior to settlement. Seller is responsible for insuring
that utilities are turned on during inspections, appraisals
and pre-settlement inspection. Seller agrees to permit access to Property by
any authorized appraiser, inspector or contractor as
required by the lender or by other terms of this Agreement. Property shall
be "broom clean" and free of debris at time of final
settlement or occupancy (whichever occurs first).
Buyer shall have the responsibility of scheduling a pre-settlement
inspection of Property within 48 hours prior to settlement to
verify that Property is in the condition required by this Agreement
including conditions disclosed and accepted by Buyer
elsewhere in this Agreement or by addendum.
Except as expressly contained herein, no other warranties or representations
have been made by Seller or relied upon by the
Buyer, and upon settlement all the Seller’s obligations for condition of
the Property under this Agreement shall expire. It is
understood and agreed by the parties hereto the Broker(s)/Salesperson(s)
assumes no responsibility for defects concerning the physical condition of
the Property described herein and all improvements thereon. Buyer represents
that they have made a
satisfactory inspection of the Property and agrees to accept the Property in
its present condition except as otherwise provided in
this Agreement.
我想问问这里学法律的，这些条款能保护我合法拿回deposit吗？
现在agent想我走inspection contingency。可是，会不会进水的问题现在看不
出来，以后是个隐患。现在inspector也提不出多少为难seller的repair，那就
走不了inspection contingency了。我怕越陷越深。 |
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