Profile picture for 5stars

Do the home owner have to abide by they contract to do repairs?

My friends just bought a home on 3/10/10 and in the contract the owner signed that they were to fix and repair somethinds in the house. Now they want answer her calls are they keeping giving her the run arounds about fixing her home. She would like to know what steps should she take now?..... 

  • July 14 2010 - Memphis
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Answers (8)

I hope you have this all in writing using an official NAR contract or the like.  You may need to get an attorney involved.  That might scare them.

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  • July 18 2010
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Why are you here asking this question?  Where's the Realtor who helped the buyer?  Where's the Realtor who helped the seller?  If there were no Realtors in this transaction.... maybe that explains why the repairs never got taken care of.
  • July 18 2010
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Profile picture for quicksale1917
I'd get your friend's attorney involved ASAP.  More good info in [link removed by moderator],  It's worth a look,
  • July 18 2010
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It is now, I believe, a legal question and the first step I'd recommend is contacting the closing attorney or title company.  The repairs should have been done, and re inspected before the closing. 
  • July 14 2010
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She should go back to her agent for help and assistance.....Some quetsions that pop into my head are; was the agreement to make repairs in writing?  Why were the repairs not completed prior to closing?
  • July 14 2010
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Profile picture for Ana Martinez
Repairs should of been done, but if this ever escalates into a court system. The owners will argue that they decided not to do the repairs and the buyer agreed, which is why they closed.

In any contract, you should never finalize it until the terms have been met. When you close on a home, you are agreeing to it's condition. Unless they signed some type of additional amendment that said the repairs would be done after closing. It's customary and smart to see the home one last time before closing, and although everything can be set up to close, you can still put a stop to it because certain issues have not been taken care of.

Now, if the seller said the repairs were done and they were NOT, then that's another problem.
  • July 14 2010
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Profile picture for SoCal Engr
Your friends need to go back to their agent and the selling agent. There is a fiduciary responsibility on the part of the brokers involved (especially on the listing/selling side) to make sure that the terms of the contract are met. It's very likely the brokers/agents will back peddle if allowed, but I have been down this road and succeeded.

Two thoughts...

First, how much are the repairs? Depending on the costs involved, your friend may reach a point of diminishing return - especially if it gets to a point where a RE attorney needs to get involved.

Second, your friend's realtor let them down. This situation is why escrow should not be allowed to close with outstanding issues. The repairs should either have been completed prior to close of escrow (i.e., as a condition), or money should have been identified (typically as a seller credit to buyer) as part of the purchase agreement. I've been down this road too, where the seller credited the cost of agreed upon repairs against the down payment.
  • July 14 2010
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Profile picture for joespake
She should contact a lawyer to examine the contract, maybe the attorney she used at closing, about her legal options.  If she knew the repairs had not been done and they were, indeed, a part of the contract, she could have refused to close until the work was done.
  • July 14 2010
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