We are purchasing a home that is supposed to close today, do I retain the right to sue the seller in court for damages if I complete the signing today?

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We are purchasing a home that is supposed to close today, do I retain the right to sue the seller in court for damages if I complete the signing today?

The seller of a home we are supposed to sign and complete as closing is today has removed several items from the home that are supposed to convey and has not maintained the property in a

Asked on September 15, 2017 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can sue them for breach of contract for removing any items which per the contract of sale were included in the sale, and/or for the removal of any fixtures (things attached/mounted/connected) to the house (like a dishwasher) not specifically excluded (fixtures go with the home unless specifically excluded).
You may be able to sue for breach of contract for them not turning the property over to you in the condition it should have been, though it is possible that in going through with the purchase (and not, for example, using this breach as grounds to walk away from the purchase), you will be deemed to have waived this breach and taken the house in the shape it is in. Still, it is well worth it to try to recover the cost to correct the problems.
If the seller knowingly (i.e. with knowledge of the condition) failed to disclose any latent (not reasonably discrenable by you on prior walk throughs, or by a home inspector you hired) defects, you can likely sue for compensation for those based on fraud. 
Therefore you appear to have grounds to take legal action in this case.


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