Expert: Matt Heisler - 8/30/2007

Question
HI DEAR , HAVE A QUESTION , I HAVE A SINGLE FAMILY HOME CONTRACT ON MY HAND AND EVERY THING HAS BEEN DONE AND IS GOOD TO GO AND NEXT WEEK IS CLOSING DAY BUT SELLER IN NOT WILLING TO FIX REPAIRING STUFF ACCORDING THE INSPENTION DUCUMENTS. IF HE DOES NOT SHOW UP AND FIX THE ISSUE CAN I HAVE THIS HOME BY LAW . THANKS SEAN

Answer
Sean:

Your description isn't entirely clear, but I'll answer based on what I think you're asking.

I HAVE A SINGLE FAMILY HOME CONTRACT ON MY HAND AND EVERY THING HAS BEEN DONE AND IS GOOD TO GO AND NEXT WEEK IS CLOSING DAY

I assume this means that you have a signed purchase contract, or P & S in the state of MA, and that all parties have agreed to it.

SELLER IN NOT WILLING TO FIX REPAIRING STUFF ACCORDING THE INSPECTION DOCUMENTS. (ed.)

Sean, the seller doesn't have to fix anything just because it's in an inspection.  Typically, buyers will get changes made to the purchase document after the inspection to reflect the items that the seller needs to do, or monies to be transfered, to cover defects in the property uncovered by the inspection process.  It doesn't sound like your contract has been amended in this way.

IF HE DOES NOT SHOW UP AND FIX THE ISSUE CAN I HAVE THIS HOME BY LAW

You have the right to purchase the house as it is stated in your contract.  That means for the price and terms that you offered.  You don't get a "free" house because he won't fix a leaky toilet (for example).  However, you can choose, if the seller has agreed to fixes and not done them, to not buy the home, or to request monies to fix those issues at close (typically done for small items).

So, to sum up:
1) You have the right to purchase the house for the amount you offered.
2) You have the right, if it was in your purchase contract, to have an inspection.
3) The seller has a right to fix only the items that they choose.  If they don't satisfy you, you can quit the deal, per a standard inspection contingency (yours may be different).
4) If the seller has agreed to fix things, and has not, you can seek material satisfaction or quit.

This really depends on your purchase agreement.  Check with your agent or attorney to see what your agreement says, and what laws apply.

Sincerely,

Matt Heisler
http://www.bjheisler.com