What recourse do I have to require completion of punch list items after closing on residential real estate?
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What recourse do I have to require completion of punch list items after closing on residential real estate?
Asked on November 29, 2015 under Real Estate Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
By "punch list" do you mean matters that the sellers or developer had to complete or correct? If the item is something you could have seen on a final walk, then by closing even though the item was incomplete, you most likely waived, or gave up, your right to take action for it: the assumption is if you could have seen it but closed anyway, you chose to take the house in its incomplete state. If the item is not something you could have discovered during a walk through, like, say, certain plumbing or electrical work, you may be able to sue for the cost to complete the work, under theories of breach of contract or fraud. Or if there was a warranty or guaranty on the home, you could enforce its terms, if it is helpful.
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