What do I do if the seller of my home didn’t comply with contracted amendments?

UPDATED: Sep 30, 2022

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What do I do if the seller of my home didn’t comply with contracted amendments?

The seller of the house we bought almost 2 months ago did not buy a warranty that they agreed to purchase. The cost of the warranty was 75 however we are now

possibly facing $5,000 or more in repair fees because it’s not covered. What do I do?

Asked on October 3, 2016 under Real Estate Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

When party A violates or breaches a contract, party B may sue them for "breach of contract" to cover all the "reasonably foreseeable" (basically, natural and logically predictable) consequences of that breach. It is reasonably foreseeable that if the seller did not buy the warrant that seller was contractually obligated to, that the buyer might then incur repair costs. Assuming that these costs are ones which would have been covered by the warranty, had the seller purchased it, then you could sue the seller for the $5,000.

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