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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 6 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption