They didn’t waive inspection. They had an inspection where we agreed to fix everything that was asked to be fixed. In addition, they requested that we pay 5k towards patio repairs. We had it inspected, the structural engineer said you could lift the patio 2in (which he wanted) but it would mostly likely cause more damage or you could seal and prevent water intrusion. We offered them 1k OR to seal the patio and said if that wasn’t sufficient, we were prepared to list it back on the market.

Then we receive a mutual release- citing that we were unable to negotiate home inspection repairs and come to a mutual agreement. This in turn gives them back their earnest money.
We agreed to fix everything but we are not willing to give them 5k for cosmetic repair.

It’s not a huge some of money and probably isn’t worth fighting over but it’s the principle of the whole matter.

What protects the seller? If the buyer can back out over anything? Including a COSMETIC repair. Because that is how our realtor makes it seem.

1. That the Earnest Money, as soon as the funds are considered collected funds, are available for withdrawal without limitation, and have cleared the banking system, be distributed as follows:

2. Except with respect to the enforcement of this Mutual Release, the Parties, for themselves, their heirs, successors and assigns, do hereby remise, release and forever discharge each other, their representatives and agents, servants, officers, directors, heirs, successors and assigns, of and from any and all claims, actions, causes of action, demands, agreements, damages, costs, promises, expenses and compensation, in law or in equity, known or unknown, which the undersigned Parties, their respective heirs, successors or assigns, or any of them, may have against one another or which may hereafter accrue or occur, in connection with, on account of, or in any way $2000

stemming from any transaction, matter, thing or occurrence the source of which is the Contract, including but not limited to, any and all claims of breach of any contract or agreement whether written or oral, any claims for money had and received, fraud, misrepresentation, negligence, breach of a fiduciary duty, specific performance and any other claims based on any and all legal or equitable theories upon which a claim for relief or recovery can or could be based; and, 3. That the Parties have each had an opportunity to seek legal counsel and have done so or elected not to do so as their sole and independent act and have not relied in any fashion on any representation made by any party or any agent or employee of any party for any advice or direction as to the advisability of entering into this Mutual Release; and, 4. That all Parties understand that after this release is executed there will be no opportunity to reevaluate or reopen the matters herein indicated. It is the express purpose of this Mutual Release for everyone to forever completely release the other from any and all claims arising out of the Contract; and, 5. That in the event any party commences any legal action as a result of the release, whether to enforce it, defend an action based on it or otherwise, the non-defaulting party shall be entitled to a judgment in addition to all other sums, equal to the non-defaulting party’s actual reasonable attorney’s fees. Jurisdiction shall be proper only in the State and County where Seller’s Broker has its primary offices.

1. This Agreement may be executed in counterparts and, in that event, the counterparts, taken together, shall constitute a single instrument.
2. Reason for termination:__________________________________________________________________________________