If the seller does not complete all agreed uponinspectionrepairs and causes a cosmetic eyesore in the process, what is my recourse?

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If the seller does not complete all agreed uponinspectionrepairs and causes a cosmetic eyesore in the process, what is my recourse?

Seller said all issues were repaired last week. I walked through and discovered most had no in fact been done. One was a major gas leak. The contractor basically faked the repair. The gas company came out and said it was leaking dangerously. They also added missing ductwork as requested, but cut a hole in the gorgeous travertine tile floor right in the workspace in the kitchen floor. It could have been placed in the kickplate and not have resulted in an eyesore. They’ve added some type of apparatus to the tile floor in the bathroom that is unsightly.

Asked on August 7, 2011 Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If your written agreement calls for the repairs to be made in a workmanlike manner as a condition of closing escrow (as most contracts do when physical problems are discovered during the inspection process by a buyer), you have the option to demand that the repairs be made properly within the stated period of time or you will not close escrow.

There is no reason why you as the potential buyer must accept sloppy and defective workmanship. If the seller cannot get the required repairs completed within the agreed upon time frame and approved by the permit and building department where the home is located, the seller stands to lose the sale.

You should also retain your own licensed contractor to review the repairs in order to protect your interests in deciding upon whether or not you should close escrow on the home.


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