If repair work agreed upon contractually is found not to be done properly after the completed purchase, is seller or buyer responsible for said repair work?

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If repair work agreed upon contractually is found not to be done properly after the completed purchase, is seller or buyer responsible for said repair work?

We as the buyers submitted repair/work requests that the seller agreed to before contingencies were released. The follow up home inspection found repair work had not been done. The seller was given more time to complete. Third visual inspection appeared

adequate. However, within days of taking ownership we discovered the downstairs toilet was not fixed ie flushing properly as previously

agreed upon contractually. After paying a plumber to remove the toilet and inspect further, weve found tree roots and a broken pipe are the cause. Who is responsible for the estimated $3800 repair job-the seller or buyer?

Asked on January 11, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the seller knew the work was not done correctly--for example, paid someone to only do part of the work (the surface or obvious work, and not address the underlying causes)--but did not disclose that, he committed fraud, and fraud would make him liable. If the seller reasonably and honestly believed that all the problems had been fixed or addressed, he is not liable: seller liability, or obligation to pay, in this case is based on lying or concealment. This means that to effectively sue him for the money to make the repairs, you'd need some evidence that he deliberately did not do the work right or at least had knowledge of an concealed that it was not done right.


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