What are my rights if agreed upon repairs were not completed prior to the final walk-through?

I had my final walk through today and one agreed upon repair was not completed. There was water intrusion in the garage, the sellers said today they put in another down spout director to direct the run off ways and added a door sweep. I am going back tomorrow to see the repairs, but without rain I will be unable to confirm the repair has been sufficient. Settlement is tomorrow morning. What are my legal rights to be protected if this repair does not hold up?

Asked on June 6, 2017 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they sellers did not make the repairs as promised and you do not discover that until after closing, you could sue the sellers for "breach of contract" (possibly in small claims court, depending on the amount of money at stake) for the cost to properly make the repairs and/or for the cost of any damage done (e.g. due to water intrusion) by their failure.

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