Buying or Selling a Home/breach of contract

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Expert: John Hendricks - 9/2/2009


Question
Hello. I wanted to know if there is anything i could do about my seller breaching our purchase agreement. our purchase contract states that he would be responsible for a few additions to the home. simple things like adding closet doors. it has been four months now that i have been trying to get him to do the work. he is not responding. since escrow has already closed, is there anything i can do?

Answer
Dear Fairiyal;

Thank you for your question...

Escrow should not have closed until these improvements were completed to your satisfaction or enough money should have been held back in escrow to insure the work would be complete. Upon the completion of the work to your satisfaction, you and Seller would sign a document releasing the funds to the Seller. Not knowing what state and state laws that would apply, I can't say for sure if there was a breach or not.

In California, if it was agreed upon all parties by way of an addendum or counter offer which was attached to the contract to purchase, yes it could be possibly construed as a breach of contract. The amount does not appear to be enough to warrant a full blown lawsuit, but small claims court would more than likely the venue your case would be heard.

First though, since your Realtor was involved with the contractural side of this transaction, I would contact the Realtor to have them review and advise you as to your position in the situation. If you are not satisfied with your Realtor's answer, contact the Broker Manager of the real estate office he/she is associated with and set and appointment to discuss the problem at a higher level. Usually when the brokers get involved, things do get done. If you are still not satisfied with the answer, small claims if it is a course of action in your state may be the course of action you would want to take next. You also may want to consult a real estate attorney to determine if you should name both Realtor's, and both real estate companies, plus the seller of the property in your lawsuit.

Once again, I am not aware of the terms and conditions of the purchase contract you signed, and would highly recommend you contact your Realtor, the Broker/Manager of the Real Estate Company you used in the purchase of the property, and an attorney if necessary to determine what step to take next.

I hope this helped a little...good luck...

Warmest Regards;
John Hendricks

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John Hendricks

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As a California Realtor for 23 years practicing in Marin and Sonoma Counties, it is now time to provide counsel through AllExperts.com to those who need advise in real estate. My knowledge and experience includes a wide range of resale residential real estate purchases, new home sales, income related investment properties involved in 1031 exchanges, and land. Let me help you in any of these areas...

Experience

John Hendricks has established himself as one of Marin & Sonoma Counties premier Realtors. A native Californian, John is a well-known and respected Realtor in both Marin & Sonoma Counties who has resided in the Northbay since 1976. John began his real estate career in 1986, and since then has distinguished himself as one or Northern California's top producing Realtors. Before joining Frank Howard Allen Realtors, John was an associate of the Prudential California Realty from 1990-1992 where his outstanding sales achievements earned him one of the company's highest honors, the prestigious "President's Circle Membership", presented to the top 2% of associates for sales and earning excellence. Since his association with the highly regarded Frank Howard Allen Realtors in 1992, John has once again established himself as one of his company's Top 10 Producing Realtors in Marin & Sonoma Counties for the years 1993 through 2007 and now in 2008. Five continuous years of outstanding performance has now allowed John to join 15 other Realtors in the prestigious "Lifetime Hall of Fame" for Frank Howard Allen Realtors. John established a group of professional individuals who specialize in a variety of areas in real estate called, 'Lundmark-Hendricks Fine Homes' This group of professionals are dedicated to the success of representing clients with the greatest amount of care and service when either buying or selling real estate.

Organizations
California Association of Realtors National Association of Realtors

Education/Credentials
Upon Request...

Awards and Honors
Frank Howard Allen Realtors "Hall of Fame Member" Chairman's Circle for 10 consecutive years

Past/Present Clients
Joe Louis & Sharon Sigurdson We want to thank you again for your excellent representation of interests during the recent purchase of our home in Petaluma as well as the sell of our home in Mill Valley. We had the unusual pleasure of working with you during the last year both as sellers and buyers. We felt that our interests were always paramount and that we received a very fair price for the sale of the Mill Valley house as well as our purchase of our new home. This speaks particularly well of you, because of the recent unstable and chaotic real estate market. Will Finke "Quite frankly, we came out of a very difficult situation, which time does not allow elaborating on. This was one of the greatest experiences of our lives as clients. John Hendricks is one of the top businessmen I have ever met." Bruce & Nancy Rosentreter "I chose John Hendricks to sell my house. I picked him because I thought he was professional, aggressive, and that he could get top dollar for my house. He fulfilled my expectations completely." Joy Schuelke "Since we were trying to sell a high end home in a very tough market, and in the middle of a very rainy winter, the prospects seemed quite bleak. I was convinced at the time, and am even more so now, that without John's tenure, patience, and tenacity, we would have not been able to move the property." Lynn McCarthy "I cannot stress strongly enough how impressed I was with the service provided to me by John and his group. Throughout the entire transaction, John was always available, always forthcoming with excellent advice based on his years of experience, and always willing to put in the extra effort to make this a positive experience for me. I feel lucky to have had the experience of working with him." Lea Lieurance-Turk "Thank you John for your outstanding real estate services for the past 5 years I have known you. You have made my dreams come true as far as selling and buying property."
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