Question: We were finally able to have our purchase offer accepted for a Mesa home. The purchase price was $735,000. When we sent our home inspector to the Mesa home for the ten-day home inspection, however, the seller said that she was too busy to schedule an inspection in the next two weeks. Our real estate agent thinks that this delay by the seller is due to the fact that the market value of the home is now $800,000, which is $65,000 over our purchase price. Even if we waive the home inspection, the seller may refuse to grant access to the home for our mortgage lender’s appraiser. Our scheduled close of escrow date is only three weeks away. Is there anything that we can do?
Answer: If the seller is refusing to perform under the Purchase Contract, your attorney can file a lawsuit for an OSC (“Order to Show Cause”) hearing to get specific performance of the purchase contract by the seller, e.g., granting access to the home to both your home inspector and to your lender’s appraiser. At the time that this lawsuit for specific performance is filed, a Lis Pendens (Latin for “pending litigation”) should be recorded to prevent the seller from selling for a “quick sale” at a higher cash price, e.g., selling the home for $800,000 cash to an investor who will waive a home inspection and close escrow in seven days. If the seller knows that there cannot be a quick sale of the home, the seller may agree to comply with the terms of your $735,000 Purchase Contract.
Note: Most buyers of homes at foreclosure sales buy the home without a home inspection.