• Bonnie Erickson, REALTORĀ® in the Minneapolis and Saint Paul area of Minnesota can be contacted by phone at 612-419-1829 or by e-mail


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October 03, 2006


Bonnie Erickson

Sharon, Welcome to my blog. The inspection contingency addendum says "if within (X)(number filled in by the buyer's agent) business days after such notice (to correct something from the inspection) Buyer and Seller have not agreed in writing to a remedy of the identified issues, this Purchase Agreement is canceled without further notice required. Buyer and Seller shall immediately sign a Cancellation of Purchase Agreement confirming saidcancellation and directing all earnest money paid hereunder to be refunded to Buyer . . ." Based on my reading of the contingency, a seller could get another offer and just stall on giving an answer to the buyer's inspection request. Once the time has elapsed, the purchase agreement is canceled without further notice. I do warn my buyers that the seller can back out based on their inspection requests. Most sellers do not, but in your case, they obviously did.


In most states, it is not legal for the seller to cancel the purchase agreement unless the buyer defaults, and even then there is usually an allowed time to fix the problem. However, we had a seller cancel the agreement when we had a question about how to address a problem discovered during inspection. They did not give us an opportunity to remove the contingency because in the meantime they had another offer on the house. Is this legal in Minnesota?

larry cragun

Hi Bonnie, Haven't seen much of you lately. Hope all is well. Lar

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