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A condo that I have a contract on was damaged in hurricane…

A condo that I...

A condo that I have a contract on was damaged in hurricane Irma. Some water got into the unit through a damaged roof. The sellers got a remediator in there and the result is now a dry condo with missing baseboards and the bottom 12" of drywall missing. The sellers are claiming that I'm required to close as long as they either fix it or escrow 200% of the cost estimate to repair. Can I force them to fix it before I close? Or do I have to accept the escrow?

Lawyer's Assistant: Where is the property located?

Napkes florida Sorry, naples

Lawyer's Assistant: Has any paperwork been filed?

The original purchase contract.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think that covers it.

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Answered in 3 minutes by:
10/1/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,734
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Customer reply replied 9 months ago
Online is fine, thank you.

Is there a provision in the contract requiring you to close before repairs are finished or to otherwise accept possession the condition of its current state?

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Customer reply replied 9 months ago
Lines 297-303 in the standard nabor real estate contract. If I read that it sounds like they are correct, unless I can claim the unit is uninhabitable. Does missing drywall to that extent render the unit uninhabitable?

No, I am sorry to tell you that the partially missing drywall, in and of itself, would not render it unhabitable, unless it created a safety risk (exposed wiring?). If the contract states they can escrow 200% then you would need to close or risk being held in breach.

If there is exposed wiring then you may be able to make a case for the safety issue rendering the premises unhabitable.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,734
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 9 months ago
Ok. I'll have to check the pictures to see about the wiring. Thanks.

You are very welcome. Thank you for using JA.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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