Does seller have to abide by contract?
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Does seller have to abide by contract?
I’m purchasing a home. In our contract it states that fixtures, with heating system included, will be operational at the time of closing. During the inspection we found that the heating system is not functional. The seller is refusing to abide by contract and states they will not fix. This is not an
Asked on July 11, 2018 under Real Estate Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Everyone--including sellers--is bound to written contracts they sign. If the seller violates the contract, you have two options: one is to use their breach as grounds to terminate (get out of) the contract, which you don't want to do; or sue them for monetary compensation (e.g. the cost to repair). You could buy the house and then sue them for the money to fix the heating. If you want to pursue that option, to best preserve your right to do so, send them, their agent, and their lawyer (if they have one) a letter, sent some way you can prove delivery, quoting the relevant contractual language, demanding they honor it, and stating that in closing on the house and going through with the purchase, you are not waiving your right to enforce the contracts or seek compensation for its breach.
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