Expert: Jessica Bryan - 6/7/2008

Question
Hi....we found a house on LI NY, and the offer was accepted....yesterday we had the house inspected.....the roof is leaking, and the boiler is NOT working.
Who is responsible for either the repair or payment for this? The house in general is in very poor condition...we just love the area and style of the home. Please give us your input.
Thank you,
Carolann

Answer
Dear Carolann;
I am hoping that you are being represented by an agent in this transaction and that you have a standard contract. In most contracts there is specific wording regarding repairs on inspection items.  I can only speak to the wording that is in your contract and if this is not addressed you will need to talk to an attorney. In our state of North Carolina, the contract clearly states that the buyer has the right to inspect the home and can then make a repair request (and can request that the seller pay or the buyer can pay--whichever they want to do or to ask). The seller has the right to either fix or refuse to fix. If the seller refuses to fix (and/or pay for the repair)the buyer can decide to back out of the deal and get all of their earnest money deposit returned to them.  

My suggestion to you is to ask for the seller to repair these things or to pay for the repairs and see what the seller says.  If the seller does not want to pay then you should consult the attorney to see what your contract says and what your recourse is.  You might have the right to renegotiate the price of the home or to simply walk away.  Again...without seeing the contract, it is hard to know. (And, of course, I am not going to give you legal advice since that is not my place to do so.)

Good luck and best wishes,
Jessica Bryan