If I’m a buyer in contract with a seller and the septic needs $10,000 in repairs, should the seller choose not to fix the septic problem do I have any recourse to force them to?

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If I’m a buyer in contract with a seller and the septic needs $10,000 in repairs, should the seller choose not to fix the septic problem do I have any recourse to force them to?

I have rented my house out in anticipation of buying this home. I would have to pay for accommodations while my house is rented? Can the seller be responsible for my costs for accommodations? What recourse would I have, if any?

Asked on May 25, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on what the contract says. If it requires the seller to fix the problem and they refuse to do so, you can sue them for breach of contract. But if the contract gives the seller the option to not make the repairs and instead terminate the contract if they chose, then the seller could legally do that and not sell to you, regardless of the impact on you. The parties to a contract have those rights and obligations which the contract gives them, and only those rights and obligations. The answer to your question depends on the terms of the contract which you indicate you are in; bring the contract to an attorney to review with you.


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