Forecloser

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Forecloser

We bought a house (fore closer)On the day of the inspection, there was a leak in the living room. When they turned the water back on the upstairs bathroom shower & sinks were left running. The problem was in the pipes. They said they would fix it, They never told us what they fixed. They did fix the ceiling. This happened in Dec. Well now the same thing has happened again. The way it looks nothing was fixed except the ceiling. We found that the problem was with the shower. Should they be held responsible for this? No one will return our calls about this.

Asked on June 24, 2009 under Real Estate Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There are a few questions that have to be answered, before you could get to the one about whether you can do anything about this.  Some of those questions have to do with your contract, and exactly how it would be interpreted by a court;  I can't help you with that because I'm not a North Carolina attorney (the laws can vary from one state to another on this subject), and I don't have a copy of that contract.  So your next step has to be finding a lawyer in your area, and one place you can do that is our website, http://attorneypages.com

If the contract and the law would allow you to recover, on the right facts, you'd have to see if what was done six months ago to stop the leaks - temporarily - was appropriate, or not.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The answer depends on the specifics of the agreement and the best person to contact would be the attorney who handled the closing. However to point you in the right direction in general how this works is that if you contract to buy a home, conduct an inspection, and than agree between parties that the seller will repair a problem that was discovered than the seller is responsible to repair the problem.

What you would need to do is locate all paperwork and documentation on the original problem and the repair work done. You may than want to have someone come see the property and look to see what was repaired and what if anything was neglected. At that point if you feel confident with your facts and evidence that the problem was never actually fixed you can bring an action for breach of contract. You can seek monetary damages or specific performance (that they in fact do the repairs). However before getting to this point you need to do your research and speak with an attorney, my advice is the one you worked with who knows the specifics already. With your attorney you can review everything to determine your best avenue of offense. Good luck


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