The seller I purchased my home from has not completed work that he agreed to. Do I have the right to get my own guy to do it and bill the seller?
Question Details: He was to finish the work (fixing broken and mismatched siding) while under contract. He did everything else we asked prior to sale. When we closed I had him sign a letter stating he would get it done. I asked him to do it in a week, but he asked for 60 days. I agreed and he signed. The 60 days are up and I contacted him. He had a guy call me, but I know the work will be done horribly. Do I have the right to refuse his guy and go with another and bill the seller? He had all the time in the world to do this before. The seller is a slime ball and usually has no problem bullying others
Unless specifically prohibited, most contracts allow for assignment, so the seller can legally contract the repair work to someone else. However, the assignment cannot be done negligently; so if the guy who called you looks incompetent, contract law allows you to hire your own worker. I assume you still owe on the house. I would prefer to use set off against a seller rather than sue a seller for breach. Feel free to email me at if you want to review this contract further.
Sean Santoro/Licensed in KS and MO/sean@roadlawyer.net
You'd have to have a lawyer read the letter that you got the seller to sign at closing to be sure, but if that formed an enforceable contract, with the 60-day deadline, the seller is now in breach of that contract, and you do indeed have the right, now, to get the work done yourself and ask him to pay for it. From the sound of it, you'll probably have to sue to get the money, so it makes sense to have the letter reviewed first, to make sure you're on solid ground legally before you agree to pay your contractor.
