What can I do to get items that were supposed to have been fixed by the seller, corrected 16 months after purchase?

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What can I do to get items that were supposed to have been fixed by the seller, corrected 16 months after purchase?

After 16 months of living in this home, I have discovered that some items that were supposedly fixed by seller have not been fixed. I had a pre-inspection on the home and requested several items to be fixed. Seller agreed to fix. I was supplied information from my realtor that they were fixed. I did not have a re-inspection out of good faith and additional expense. I’ve discovered recently that plumbing matters in the crawl space that were supposed to be fixed still exist. One matter is main waste line is tilted incorrectly (v-shape at exit from house). This was my main concern on purchase.

Asked on January 5, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was an agreement to fix (hopefully in writing; it's much easier to prove the terms), then you can sue for breach of contract. The statute of limitations, or time to initiate a lawsuit if necessary, in IL is 10 years for a written  contract, 5 years for an oral or verbal contract. You should therefore have ample time to initiate a lawsuit. As a practical matter, you may have some difficulty proving that the problems did not arise subsequent to the seller making repairs, since your having taken the home could be construed as your acceptance of the repairs and the home in the condition it then was. You should consult with an attorney about your case to see whether he or she thinks, under the circumstances, that you have a good one. Good luck.


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