Do I have legal recourse against the seller of the home I am buying if they didn’t fulfill the contract regrding agreed upon repairs?

They agreed to use a licensed electrician to convert aluminum wiring to copper wiring, fix fan boxes and the roof. Upon inspection, none of these things were done as we agreed. Now they are refusing to pay for the work to be done on my terms with contractors that I have picked and paid to give me bids for the work.

Asked on June 24, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You do have a legal recourse-- how much will depend on the terms of your contract.   What is in writing will control over any verbal terms.  If your contract spelled out certain things to be done, and those things were not done, then you would have a breach of contract claim.  If your contract spelled out certain remedies, then that's what you would be entitled to.  If your contract is silent as to your remedy, then you will be entitled to general damages, which could include the costs for specific performance.  Specific performance is when the seller is made to complete his promise.  Alternatively, you could sue for the funds to hire people to complete the promise.  Before you put out any funds, make sure you look over your purchase contract-- because in the event of any conflicts, that agreement will control. 


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