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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33714
Experience:  15 years real estate, Realtor. Landlord 26 years
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What remedy do I have to force a seller to complete repairs

Customer Question

What remedy do I have to force a seller to complete repairs that were agreed to on the purchase contract? My home suffered hail damage after the inspection was performed and needed repairs prior to the storm were agreed upon and included in the contract. The repairs were not all completed prior to closing but were included at closing to be performed by the seller post-closing. Now I cannot seem to get him to respond to my requests for completion and my agent says I have to deal with it myself since I am now the home-owner. Additionally, both the seller's agent and my buyers agent work in the same office. My agent failed to come into the closing at the beginning and left me alone with the seller's agent while he tried to strong-arm me.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 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.

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Do you have all the needed repairs documented in writing on the closing contract as still due?

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Have you gotten any estimates for the cost of having an independent contractor make repairs?

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thanks

Barrister

Customer: replied 3 months ago.
I have all of the repairs still due in writing, as well as in pictures. I have not gotten a separate estimate.
Customer: replied 3 months ago.
Is my realtor still obligated to help me get these repairs completed, as closing with an extension to the contract is what she recommended to me, but now she suggests that it is my problem to deal with the previous owner to get answers and resolution?
Expert:  Barrister replied 3 months ago.

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..

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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.

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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..

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As an aside, in addition to being an attorney, I have also been a licensed Realtor for over 13 years...

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thanks

Barrister

Customer: replied 3 months ago.
Thank you, ***** ***** very helpful and may be the information I needed to get my realtor and the other party to complete their obligations.
Expert:  Barrister replied 3 months ago.

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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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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