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I am in escrow representing the buyer. The seller is

Customer Question
refusing to make repair/install heater...
I am in escrow representing the buyer. The seller is refusing to make repair/install heater for the pool/spa and also making the garage fireproof by closing off the air return in the ceiling from the prior owner who had it enclosed as a room. Last the seller is refusing to put installation in the attic. My buyers really love the house but these items are really giving them pause. By law, does the owner have to perform at least the heater repair and completing the garage conversion as the MLS listing shows the home is being sold with a 2-car garage plus pool and spa? FYI - The owner's agent said the heater was removed and that my buyers can always install a new one once we close escrow.
Thanks so much,
Crystal
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 2 minutes by:
1/26/2016
Real Estate Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,243
Experience: 30 years of real estate practice experience.
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Good evening. I am Loren, a licensed attorney, and I look forward to seeing you.

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Customer reply replied 2 years ago
Good evening!
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Are the requested repair items required under the contract? Did the seller agree to do the work?

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Customer reply replied 2 years ago
It says in the contract the seller warrants and shall maintain and repair the premises...all heating, cooling, mechanical, plumbing, and electrical systems (including swimming pool and/or spa, motors, filters, cleaning systems, and heaters, if any.
Customer reply replied 2 years ago
then the listing shows it being sold with a 2 car garage and pool/spa. He is an investor so he also said that he has never lived in the property and has limited SPDS.
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Thank you dor the additional information. Whatever the seller has warrantedmust be delivered at closing in the warranted condition.

The MLS is not relevant where there is a contract. Also, the MLS contains disclaimers which preclude the use of it as a warranty.

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

If the seller is refusing to deliver the property in the agreed condition then the buyer may refuse to close and also sue the seller for breach of contract.

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Customer reply replied 2 years ago
How exactly do I enforce this? How do I protect my buyers? Would we have to take the seller to court to get him to perform the repairs warranted in the contract?
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

Your client can refuse to close until the repairs are done and sue the seller for breach.

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Customer reply replied 2 years ago
Is that costly to sue for breach? What is an estimate of costs for a lawsuit regarding breach?
Real Estate Lawyer: Loren, Lawyer replied 2 years ago

The legal fees are whatever the buyer negotiates with the attorney of their choise. There is not a set cost.

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

If the contract provides, it is possible the legal fees are recoverablw from the seller of the house.

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Real Estate Lawyer: Loren, Lawyer replied 2 years ago

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