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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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We have an offer to buy a house in Newport News. The

Customer Question

We have an offer to buy a house in Newport News. The contract was signed 10/6 with a closing date of 10/31. The seller is a house flipper that has discovered the repairs needed on the PIRCA agreement are expensive and has been delaying the process. For example, the fireplace and chimney need major repairs by a brick mason so we agreed to converting it to gas burning. But now after realizing that the work will still need to be done to the chimney the seller is trying to get us to accept an electric insert. But the work will still have to be done regardless to keep the chimney from caving in and to pass the final inspection. By the way, the chimney repair was in the original contract dated 10/6 before it was added to the PIRCA and nothing has been done yet. Our house sold and closed on 10/8 So we are living in a hotel, boarding our dog and paying for storage. I believe the seller is trying to use our desperate situation to push thru the closing without completing the repairs. What can we do to force the work and expedite the process?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 8 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 8 months ago.

Good morning. I certainly understand the situation and your concern. Just to be clear, what they are required to do prior to closing has not yet been done? If so, what has been their reason for this?

Customer: replied 8 months ago.
Some of the repairs have been done but the most expensive one has not. We don't think she wants to spend the money to do it. There may also be concerns about the work that was done, we don't believe they pulled permits or had the work inspected by the city.
Customer: replied 8 months ago.
Customer: replied 8 months ago.
I am not receiving an answer?
Expert:  RealEstateAnswer replied 8 months ago.

Thank you for the reply. I am here and in the process of responding

Expert:  RealEstateAnswer replied 8 months ago.

The seller is required to perform under the contract and 1) perform the necessary repairs which were agreed to and 2) be ready to close on the agreed upon date. If they are unable to do either, they would be in breach of the contract, unless you can agree on an extension of the closing, to give them more time. In a situation like this, they MAY try and give you a credit at closing and have you do the repairs, on your own. This way, they can close and you have to handle the work, if your desire. Now, if they did not do the work up to code and pull permits and there are issues with the workmanship, then you have any problem, since they could be in breach as well. In a situation like this, if it can not be resolved, the remedy would be to sue them for damages suffered and a return of your deposit. She does not have a choice in the matter, if she agreed to the repairs and fix/change these things, so if she does not close today with the work done, you can advise her you will sue for not only your deposit back but the cost of the housing you now have to incur, until you can find a new place to live.

Expert:  RealEstateAnswer replied 8 months ago.

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