Problems with house that seller agree to fix.
Question Details: On final walk thur of a house that i wanted to by.the list that had all know fact about the house said no leaks. It also had alot of mold that was not there before.Ask the seller to see why there was mold and fix.He said that nothing was leaking and he was going to paint. If you had a problem after i close he would fix it. I close move in i notice that my family carpet stayed wet and started to smell and mold contained to grow called seller and now he will not help fix anything.He gave his word to my agent and his agent. I be live he knew what he was doing.
I am an attorney licensed in MO. The seller is bound to his contract. Does it require him to fix these items? I would need more information to advise you. Feel free to email me at sean@roadlawyer.net or call me at 913 441 5025.
--Sean Santoro.
Generally, verbal contracts are enforceable, but not mere promises--it must actually BE a contract, with something given for something.
Furthermore, the assumption is that when you close on a house, you take it in the shape it's in at that moment--especially after you've had the chance to do a walk through. Having closed, you give up much of your ability to complain of damage, especially pre-existing damage--the assumption is, you didn't have to close or could have sought a price rebate or etc. if you weren't happy with the home.
Furthermore, unless you have a written statement, signed by both, that the damage existed pre-closing, or other evidence (photos, for example), the seller could claim you're tryin to get him to pay for post-closing damage.
With only "his word" and you having already closed, especially if you don't have evidence, it would be very tough to force him to pay for repairs. If the cost is large (at least $2k - $3k) it's probably worth consulting a local RE attorney, laying out all the facts and seeing what his/her advice is, though I suspect it will be that you will likely not win. Otherwise, you could submit a homeowner's claim if your policy would cover this.
In the future, you probably should get all agreements in writing.
