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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1722
Experience:  Practicing Attorney with 10 years experience
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We are in a real estate transaction. We are the buyer and we

Customer Question

We are in a real estate transaction. We are the buyer and we are to close on the 13th of this month but the seller was to have a roof put on the house that is listed as a condition of us purchasing the house and we just found out that the roof will not be completed until May 24. We have sold our home and are to but out on the 13th and the seller tells us they are not in breach of the contract because the roof will be started before the closing date. But we are concerned that the roofer may not get paid and will come to us for payment on the roof that we legally own if we sign the papers.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..It sounds like you have a couple issues going on here....What is your legal question that I can help with tonight?..thanksBarrister
Customer: replied 6 months ago.
Is the seller in breach of contract if the roof is not complete before closing
Expert:  Barrister replied 6 months ago.
Yes, technically he would be in breach. But in a real estate transaction, unless the contract states that "Time Is Of The Essence" then the closing date is not a "drop dead" date where either party can walk away. Both parties have a duty of good faith to continue on with the transaction until it is closed. From a good faith perspective, a 10 day delay wouldn't be considered unreasonable so as to allow either party to cancel the contract or declare the other in breach..If the "time is of the essence" language was in the contract, then either party can walk away after that date set for performance. .As an aside, in addition to being an attorney, I have also been a licensed Realtor for over 12 years and this is a fairly common situation where the parties have to work together to get the contract closed..With that said, there is nothing that would prevent you from having the closing company escrow out the money for the roof so that you are ensured that it is paid for and the roofer doesn't have any reason to try and lien the property...thanksBarrister
Expert:  Asad Rahman replied 6 months ago.
I would also considering adding a clause that specifically says that the Seller will pay the contractor and will indemnify you and hold you harmless for the costs associated with the roof replacement. Make sure it is added into the contract.
Expert:  Asad Rahman replied 6 months ago.
Let me know if you have any additional questions otherwise a positive rating would be greatly appreciated.

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