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Buying or Selling a Home/breach of contract
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Question
i recently bought a house.the experience was an absolute disaster.but to get to the question.the seller agreed to fix some things on the house,which i have in my contract,but those things were not fixed and we have already closed on the house.i would like to know if i'm stuck to fix these things myself or his he still legally bound?
Dear Daniel;
Usually, when you close on a house it means that you accept it as it is unless there are some terms drawn up by the closing attorney that provide a legally binding arrangement for the previous owner to pay for repairs. Most Buyers simply refuse to close until all of the terms of the contract are met and fulfilled. As Brokers we counsel our clients to close only once they are happy with all conditions and no sooner because the courts do not rule in favor of buyers once they close on a home--The act of closing is saying they accept the home.
It is unfortunate that you accepted the home without the repairs. If I were you I would call the closing attorney to discuss the contract and whose responsibility it is to make these repairs. There are some occasions when law suits are filed because of breach of contract and if the attorney feels you can do something because of the way the contract was written then you may choose to pursue legal action. However, the cost is probably greater than the cost of the repairs and I have found that it is often not a good idea to fight it out in court. Sorry.
~Jessica Bryan
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Jessica Bryan
Expertise
buying and selling process such as:
General questions from first time buyers
How to market a home
Why choose a REALTOR
How do I find a REALTOR
Should I consider buying or selling without a REALTOR--how much can I save
Should I remodel or move
How much can I expect to gain by fixing up my home before selling
Helpful tips when selling
Helpful tips when buying
finding a good mortgage loan
what is the difference between banks, mortgage bankers, and mortgage brokers
Questions from the general public, people thinking about getting their real estate license, newly licensed.
Fellow professionals who have interests in networking and how to get started
What is a market evaluation and how does it differ from an appraisal what are the different loan programs
services a REALTOR can perform
when to use a lawyer
when to use escrow
what are the regional differences in the buying and selling process
what is the MLS and how does it work
how can the layman access information on the web--listings and other information
These are just a few of the questions. I can suggest that if I am unable to answer a question I will refer the inquiry to a source that can.
Experience
Anyone who is in this business and who dedicates oneself to professionalism has continued to take classes and along with it,additional credentials, awards and honors. I can list a host of them, but my greatest accomplishments happen to be those of getting first time buyers (who didn't think they could afford to buy a home)into a home of their dreams. The look on their faces when I hand over the keys is worth all of the hard work.
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