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Hi I am a buyer and wanted to ask if on the HOA documents the…

Hi I am a buyer...
Hi I am a buyer and wanted to ask if on the HOA documents the violations are none but under the "maintainace req" there are a few items.. is the seller contract bound to fix those things by closing? or only violations are contract binding. please help!! also if the sellers agent says in email that he will fix those things is it considered legally binding?
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Answered in 24 minutes by:
4/1/2010
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,629
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello,

 

If they are not considered violations, then the seller would not be required to repair them prior to closing. You would need to be aware that while they are not considered violations now, they will likely be in the future if they are not repaired/maintained. If the seller's agent has agreed on behalf of the seller to repair, then it would be binding. The agent has the authority to bind the principal.

 

Although you would be bluffing, you can tell the seller's agent that you don't want to close unless all the noted items are repaired. This will motivate the seller to get the repairs done if they think you will stall until they are done.

 

Thanks

Matt

 

 

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Customer reply replied 8 years ago
just one more clarification...if the agent has said yes to fixing the items in an email then is it contract binding? and what if at the time of closing those things are not fixed can those emails still be binding so we can hold the money in escrow(agreed by lender and title)? thxx so much for your help

Yes, the agent can bind the seller. Basically the seller, through his agent, is saying I will fix those things and you will agree to continue on under the contract and not cancel. I would be very proactive in contacting the agent about the items to see if they have been repaired. I would literally call every couple days to check with the agent so see if the items had been repaired. Then I would go back and inspect to make sure they had been repaired in a workmanlike manner and not just haphazardly done.


Your purchase contract should have a clause that makes your purchase contingent on the property passing inspection and gives you the right to terminate the contract based on a home inspection or negotiate repairs or a lower price.. This is a standard clause and gives the buyer an out if there are things that need to repair/replacement.

 

Thanks.

Matt

 

 

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,629
Experience: 17 years real estate, Realtor. Landlord 26 years
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