Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
Do you have all the needed repairs documented in writing on the closing contract as still due?
Have you gotten any estimates for the cost of having an independent contractor make repairs?
Ok, first off you have a really lousy realtor and I would consider filing a formal complaint with the CO Association of Realtors for their actions if I were you and seek disciplinary action against them. They clearly weren't representing your interests and were only interested in getting paid at a closing. They should have gotten estimated for repairs and then withheld $XXXX from the proceeds in an escrow account to be released once repairs were done..
But your recourse now is to go ahead and get a couple estimates for the cost of repairs, and then sue the seller for breach of contract for the highest amount. Then if it gets to court, you get a judgment that you can then use to pay a contractor to finish.
If you didn't want to jump right to litigation, you can have a local real estate attorney send a "demand letter" to the seller stating that you will sue them for breach, fraud, and misrepresentation and seek punitive as well as compensatory damages for their breach. Sometimes a nasty letter from an attorney is all it takes to "encourage" someone to act rather than being dragged into court to lose and pay a big judgment..
As an aside, in addition to being an attorney, I have also been a licensed Realtor for over 13 years...
You are very welcome. Happy to help any time! And don't let them push you around because you are on solid legal ground to force them to do exactly what they agreed to or hold them liable for the cost of doing so.
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