What to do about sellers whorefuse tomake repairs that the buyers have requested?

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What to do about sellers whorefuse tomake repairs that the buyers have requested?

We’re in escrow on a home that was found to need roof and A/C repairs. The sellers live out of state and the house belonged to their deceased sister, thus it is a trust sale. One of the sellers is also a real estate attorney who studied at Harvard. The house is being sold as a standard sale. It is not a short sale, foreclosure, nor was it listed as being sold “as is.” The sellers have decided not to make the roof or A/C repairs and they also refused to give us a credit. Can we take any legal action against them?

Asked on August 22, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If during your due diligence in the pruchase of the home you discovered through your own efforts or those of third party experts that there are certain problems with the home you wish to buy such as roof or air conditioning problems, you can request in an offer or counter offer (or addendum) that the seller make those repairs or credit you the costs of the repairs as a condition of closing escrow.

However, the seller can refuse to agree to your request. If that is the current situation, then you have no contract to buy the home. If you want the home, you and the seller must have a "meeting of the minds" on all terms of the purchase. If there is no such agreement, you do not end up owning the home.

 


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