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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19669
Experience:  B.A.; M.B.A.; J.D.
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I signed a sales contract in Texas (FHA loan) and have not

Customer Question

I signed a sales contract in Gonzales Texas (FHA loan) and have not closed yet. My home is a new modular in a new subdivision with HOA restrictions. One of the items I listed on the and the seller signed for was to enlarge the front deck/porch to meet the HOA requirements of no smaller than 5x6 feet. The porch was not made larger and the seller/developers say that per the HOA guidelines they can vary the rules; which it does say. Regardless they signed the contract stating that they would enlarge the deck/porch. What recourse do I have before closing now that they refuse to do so? Can I ask for equitable adjustment to the sales price of the home for the value of a new deck/porch or can I still force them to build a larger deck/porch? I am not represented by a realtor on the purchase.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties. I am preparing my response to you and I will post it very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 year ago.

Your Questions:

What recourse do I have before closing now that they refuse to do so?

Response 1: You need to force them to comply with the contract. They signed a contract and they must perform their obligation under the contract regardless of what the HOA rules are. It is not enough for them to remove the railing and put the railing back afterwards. So, what is going to happen if you need to move something out, do you then have to get someone every time to remove and put back the railing? That is not acceptable at all. You need to contact your loan officer and postpone the closing until this issue is taken care of or the purchase price reduced so that you can get someone else to finish the job.

Can I ask for equitable adjustment to the sales price of the home for the value of a new deck/porch or can I still force them to build a larger deck/porch? I am not represented by a realtor on the purchase.

Response 2: The prudent thing to do here is to insist on them doing what they agreed to do under the contract.

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Thank you for your cooperation.