Inspection repairs

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Inspection repairs

Seller signed the inspection amendment to purchase agreement with no changes, stating all repairs would be made by license contractors prior to closing. Then they wrote a ‘side letter’ signed only by them, saying they would only take care of a portion. Original contract legallly binding? How to enforce?

Asked on May 18, 2009 under Real Estate Law, Ohio

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT, not OH, however the inspection reports in most states are very similar.  The original contract, witht he amendment (i presume signed by all parties) should control, not the unilaterally issued letter.  The sells are basically trying to modify the contract without your approval or consent.  If the inspection amendment says the contract cannot be modified without it being signed by both parties, then your case is much stronger for enforcing the agreement.  I would convey this to your lawyer and have the lawyers talk this out first.  If the sells still refuse, then you should sue them for breach of contract and force them to honor their original agreement.  You certainly have grounds to sue if this is not resolved.


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