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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24612
Experience:  14 years real estate, Realtor. Landlord 24+ years
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Hello. I am under contract on a home with closing set for

Resolved Question:

Hello. I am under contract on a home with closing set for one week from today. The inspection revealed a few items - 4 of which the seller has been asked to correct. One of the items included in the Inspection Objection was: The siding is has hairline cracks at exterior left, right and rear side (facing front). Please caulk and paint, if necessary, to prevent water intrusion. As listed on the Inspection Resolution from the seller's agent, the verbiage was: Seller will caulk siding cracks on exterior of home to prevent water intrusion. The seller caulked the cracks (type of caulk unknown) and then painted over the cracks leaving 'spots' all over the exterior of the home as the paint does not match. The sellers have offered $200 (two hundred) at closing for me (the buyer) to make corrections to their repairs. This is not doable as the entire house would need to be repainted and would obviously cost more than $200. Note that the language in the Objection (drafted by my agent) is slightly different than the language in the Resolution (drafted by the seller's agent) in that the Resolution language only states to 'caulk' - not paint. To that end, am I able to terminate the contract based on the change of the exterior appearance and receive a refund of my earnest money? The Resolution document contains the following language: SURVIVAL. If any agreed upon correction requires action after Closing, the obligations agreed upon
shall survive Closing. I really appreciate your assistance!!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Have you gotten an estimate for the cost of repainting the house so as to cure the problem?
.
Does the entire house have "spots" on it on only certain sides?
.
What is the seller's response to your demand for a credit to repaint the entire house?
.
.
Thanks
Barrister
Customer: replied 1 year ago.


Hi. I have not gotten an estimate as this just happend today; however, I've contacted (on line via email) a couple of local, reputable residential painting contractors to ask for an estimate as soon as possible.


 


Three sides of the house have these 'spots'.


 


We have not received a response back from the seller's or their agent yet. My agent is in the process of discussing with the seller's agent. Given the past and lengthly challenges from the seller on making a small repair to the duct in the crawl space, I anticiapte that they will not be willing to provide a credit to cover the painting.


 


As a matter of record, it's not that this is a foreclosure or a short sale - in fact, because of the market in Denver, I am paying $8,500 more than their asking price.


 


Thanks

Expert:  Barrister replied 1 year ago.
Ok, if the seller took actions that drastically affected the condition or appearance of the house, then this would be considered a "material change" and would give you legal grounds to either force the seller to cure the problems or to terminate the contract if they refused. In a real estate contract the seller has the duty to not alter the condition of the house negatively and keep it in the same condition it is in until the actual closing. By doing a haphazard caulking and touch up paint job, they have negatively affected the appearance and the value of the house due to the necessity of repainting.
.
So botXXXXX XXXXXne is yes, I would opine that you would have grounds to either force them to paint to fix the problem they created or to terminate the contract and walk away if you can't reach some other resolution.
.
.
Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24612
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 6 other Real Estate Law Specialists are ready to help you

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