What happens if a seller agrees to fix repairs listed in the inspection report but they fail to do by the day of closing?

The seller had agree to fix repairs listed in inspection. On our last walk through everything seemed OK. Once we moved in we noticed somethings were never repaired as they said they would. Is there anything I can do after closing ?

Asked on June 27, 2017 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if they had agreed to fix these items but failed to do so, you could sue them for "breach of contract," or for not honoring their agreement to make repairs. If the items were such that you reasonably should have seen the problems at walk through/inspsection, then you could not do this, however; by accepting the home when there were visible problems, you would be held to have accepted it in that condition and waived, or given up, your right to complain of or take action about uncompleted repairs. But if the problems were "latent" or hidden (so that you would not reasonably see them on inspection) and they would only reasonably be detected later (e.g. after use or after living there for a time), then you would not have waived your rights in regard to these issues and could, as stated, sue for breach of contract. You could sue for the cost to make or complete the repairs. If the amount at stake is less than or equal to the limit for small claims court, suing in small claims, as your own attorney or "pro se," is a very good option.


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