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We are under contract with a property. We have been told by our insurance agent that due to the condition of the roof, we cannot obtain insurance. We want the seller to put a new roof on before we agree to purchase. How do we request this? The agent is representing both parties.
Asked on April 3, 2017 under Real Estate Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Is there an "inspection contingency" or other clause in the contract of sale so that you can pull out of the sale if an issue like this is not fixed? If so, you can tell the seller that if he does not fix the roof, you will walk away from the sale--assuming you are willing to do so.
If you don't have such a clause or contingency in the contract (or you did, but the time to exercise it has expired) and you are locked into the sale (e.g. it's an "as is" sale), then while you can *ask*, the seller doesn't have to do anything--you may have to coordinate with him that you will pay for a new roof now, so you can get insurance.
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