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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102146
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We were in contract to purchase a house here in San Antonio,

Customer Question

We were in contract to purchase a house here in San Antonio, Tx and rescinded the contract after two extensions for the seller to finish repair work agreed upon. There were numerous times where the seller stated the work was done, and we would discover that the work had not been completed to agreement. We ended up rescinding the contract and immediately released ernest funds to the seller. We have now received an email from the seller demanding payment for repairs that were requested. Is this legal?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: filed or reported???
JA: Anything else you want the lawyer to know before I connect you?
Customer: We also fould that the seller misrepresented the seller disclosure for water penetration, which we discoverd when our insurance company denied coverage due to past claims. The seller had been paid over $9,000.
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. This all depends on whether or not you walking away from the contract was warranted.

If your walking away from the contract was warranted, then the seller has no one but themselves to blame for the money they put in anticipating the sale, but the sale not going through.

However, if the seller can somehow argue that your breach was not warranted, then they can pursue you for the money that they paid the contractors to fix up the property in anticipation of the sale.

So what someone in your situation wants to do is to send a letter (using an attorney is best), arguing that the breach of contract was warranted due to fraud and misrepresentation, and the seller has no one but themselves to blame for any money lost in repairs anticipating the would be sale.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.