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My wife and I just bought a house in Oregon. We signed an…

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My wife and I just...
My wife and I just bought a house in Oregon. We signed an addendum to the sale contract that stipulated the heating and air conditioning (HVAC) system had to functional by June 22, which was after the signing on June 13. The contractor did come out on the 22nd, thought he had repaired it, but the next day the system failed. The contractor stalled and stalled about returning. When he finally did, he said the system was irreparable. This was long after the 22nd of June. The realtor supplied us with a "Home Warranty" policy, which is useless in our remote location: the few contractors around my home will not work through warranties. Can we sue the sellers? Is the realtor liable? I can attach the HVQAC contract addendum if you'd like.***** *****
Submitted: 6 months ago.Category: Real Estate Law
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7/30/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 8,374
Experience: Licensed to practice before state and federal court
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Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 6 months ago

Generally, it seems as if your cause of action is going to be against the contractor. Against the contractor, this appears to be a breach of contract based on the failure to perform within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. In this case, if the Contractors stalled installed about returning to fix the item, then you will have a direct cause of an action against that individual. You could bring a cause of action against the seller or the realtor, but that's only if they somehow guaranteed the performance of the contractor. Otherwise, you may not have any recourse against them

To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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