is there any recourse when the seller agreed repairs are constantly delayed and have changed the closing date multiple times?

UPDATED: Oct 1, 2022

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is there any recourse when the seller agreed repairs are constantly delayed and have changed the closing date multiple times?

Seller agreed to repairs and hired a contractor 9/5. Repairs have still not begun. We want the house, also we have already put money into the house for inspections. It is now 10/8 and repairs have not been started. We cannot close until they are complete because this is a va loan.

Asked on October 8, 2018 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If he does not complete the agreed-upon repairs by the closing date and you have sent a "time of the essence letter," they will be in breach of contract. You could walk away from the transaction and get your money back, as well as sue for other costs you incur due to their breach; or if it wasn't a VA loan, you could take the home and sue them for the cost to do the repairs themselves.
To protect yourself, you must send a time of the essence letter. Send their realtor and them a letter, sent some way you can prove delivery, a letter which recites the history of moving/changing the closing date, the costs or other losses/problems this has caused you (and/or will cause, if the date is moved yet more) and state that "time is of the essence" and that you will consider them in breach if they do not complete the repairs and close on time. You have to give them warning that further delays are not acceptable. 

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