Expert: Dick Dennis - 5/24/2006

Question
My wife and I just bought a home in Missouri, part of the disclosure from the seller concerned the automatic garage door opener not working. In our offer, we asked for that to be repaired so that it would operate. The seller agreed and had a local comapany fix it. We saw the receipt for the repair, but were not given a copy. The garage door was appeared to be operational for a short time because everytime we came to the house for an inspection or any other reason the garage was open, but after we closed on the house and took possession, we realized it still was not functioning properly, it will open but it gets stuck midway and takes a few attempts at opening then closing again before it will open completely. My question is do we have any recourse to have this corrected by the seller since it was in the contract to have it fixed but it is not fully operational?  

Answer
Presuming you are still able to contact the sellers, I would communicate (preferably in writing and certified mail)with them that they have had their shot at fixing the garage door opener and now you are going to engage a company to fix it once and for all and you will expect them to foot the bill. Keep all receipts and work orders.

If they fail to cooperate, take them to small claims court for the final remedy.

I do wish you well.

Dick Dennis           dixiedee13@aol.com