Monday, October 19, 2015

I didn't buy the house. Can I get a refund for the inspection?

I was under contract to purchase a home, but the deal fell through. Before the contract terminated, I had the property inspected. Can I get a refund for the inspection since I didn't buy the house? Generally, no. To have a chance at recovering your inspection fee without an agreement with the seller to pay the fee, you would first have to demonstrate that the deal fell through due to the seller's default. Then you may be able to convince a court to award you the fee as part of the damages that you incurred based on the seller's default. However, should you decide under Paragraph 15 of the TREC One to Four Family Residential Contract (Resale) to terminate the contract and receive the earnest money, you would have no further recourse to pursue the inspection fee.

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