Is the seller in breach of contract if they bulldoze the entire backyard while under contract?

UPDATED: Oct 1, 2022

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Is the seller in breach of contract if they bulldoze the entire backyard while under contract?

We are scheduled to close on the 31st. There are a few items the contract specifically stated needed to be repaired by the sellers. One such problem was a huge hole where an above ground pool had been about 20 ft from the backdoor of the house and full of standing rain water and the remnants of a back porch deck. The contract states,

Asked on January 19, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, based on what you write, they are in breach. They are obligated to sell you the property in the condition it was in when you signed the contract, other than any agreed upon repairs or changes (like filling and leveling the pool and deck area). The extent of the changes they made, however, go far beyond what they were supposed to do, and are clearly detrimental changes that diminish the value of the property and/or increase your costs. You could potentially use this as grounds to terminate (get out of) the contract or to seek monetary compensation (i.e. sue them), such as for the cost to correct or remediate what they did.

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