The seller did not hold up there end of the purchase contract, what can I do?

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The seller did not hold up there end of the purchase contract, what can I do?

Part of my sales agreement was that the heating system would be serviced and working properly. It was never serviced and I closed in the summer now that it is cold my heat is not working. What can I do?

Asked on December 1, 2011 under Real Estate Law, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the seller for breach of contract. If there is an agreement or contract and one party does not honor its oblitations, the other party may bring legal action to enforce its terms and/or seek compensation (i.e. look to recover the cost of repairing the heating system). Of course, since the only way to enforce the contract is to sue, if the cost to repair would only be a few hundred dollars, it would not be worth hiring an attorney--you'd be better off either not taking action, and absorbing the cost yourself, or else bringing an action small claims court, where you can act as your own attorney.


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