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Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am in escrow representing the buyer. The seller is

Customer Question

I am in escrow representing the buyer. The seller is refusing to make repair/install heater for the pool/spa and also making the garage fireproof by closing off the air return in the ceiling from the prior owner who had it enclosed as a room. Last the seller is refusing to put installation in the attic. My buyers really love the house but these items are really giving them pause. By law, does the owner have to perform at least the heater repair and completing the garage conversion as the MLS listing shows the home is being sold with a 2-car garage plus pool and spa? FYI - The owner's agent said the heater was removed and that my buyers can always install a new one once we close escrow.
Thanks so much,
Crystal
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, a licensed attorney, and I look forward to seeing you.

Customer: replied 1 year ago.
Good evening!
Expert:  Loren replied 1 year ago.

Are the requested repair items required under the contract? Did the seller agree to do the work?

Customer: replied 1 year ago.
It says in the contract the seller warrants and shall maintain and repair the premises...all heating, cooling, mechanical, plumbing, and electrical systems (including swimming pool and/or spa, motors, filters, cleaning systems, and heaters, if any.
Customer: replied 1 year ago.
then the listing shows it being sold with a 2 car garage and pool/spa. He is an investor so he also said that he has never lived in the property and has limited SPDS.
Expert:  Loren replied 1 year ago.

Thank you dor the additional information. Whatever the seller has warrantedmust be delivered at closing in the warranted condition.

The MLS is not relevant where there is a contract. Also, the MLS contains disclaimers which preclude the use of it as a warranty.

Expert:  Loren replied 1 year ago.

If the seller is refusing to deliver the property in the agreed condition then the buyer may refuse to close and also sue the seller for breach of contract.

Customer: replied 1 year ago.
How exactly do I enforce this? How do I protect my buyers? Would we have to take the seller to court to get him to perform the repairs warranted in the contract?
Expert:  Loren replied 1 year ago.

Your client can refuse to close until the repairs are done and sue the seller for breach.

Customer: replied 1 year ago.
Is that costly to sue for breach? What is an estimate of costs for a lawsuit regarding breach?
Expert:  Loren replied 1 year ago.

The legal fees are whatever the buyer negotiates with the attorney of their choise. There is not a set cost.

Expert:  Loren replied 1 year ago.

If the contract provides, it is possible the legal fees are recoverablw from the seller of the house.

Expert:  Loren replied 1 year ago.

Are you online with me? Did you have further questions? Have I answered your question?