Buyer didn't perform final walk-through and now wants repairs.
Question Details: We were in the midst of priming two bedrooms while home was for sale and we received an offer. After much back and forth and a home inspection, they requested 5 items be done but never mentioned the painting. They didn't perform a walk-through and now are asking for the 2 rooms to be painted or they will take us to small claims court. We finished priming the rooms, but not painting them. Do they have any recourse?
Real Estate Law Answers
No. In the first place, if the painting wasn't mentioned in the contract or correspondence that modified the contract, it isn't part of the deal in the first place. There's no law that says every room in a house has to be painted before it's sold!
Even if there was some mention of the painting, the buyers are probably out of luck. Accepting title to real estate, in the law, ends the contract and is considered to make performance complete, waiving any variations from the contract unless there's a separate, new contract for post-closing obligations.
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