What are my rights?
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What are my rights?
I am selling my house. I am under contract. I sold my house ‘As Is’ for 195,000. The Buyer asked to live in the home until she receives a Settlement at 1000/mo. Since she moved in April 1st I have only received 800. The Buyer has caused over 10,000 in damage and wants me to pay for those repairs before she pays for the house.
I do not want to release the contract and eat the damages.
What can I do?
Asked on June 10, 2019 under Real Estate Law, North Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 1 year ago | Contributor
1) You do NOT have to pay for damage she causes; having caused it, she is liable for it. The law does not let someone cause damage then force another to pay for it. You would be responsible for damage that is not her fault (e.g. storm, falling tree or tree limb, etc.) but not for what she causes.
2) If she refuses to close because you will not pay for her damage, you have two choices: either a) terminate the contract, keep her deposit, and also sue her for the damage; or make the repairs, close, then sue her for the repair cost.
3) You recourse for the failure to pay all the rent due will be to sue her for it.
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