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  1. #1

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    Seller in breach of purchase sale agreement

    I recently puchased a home that has now closed. We are moved in. The seller was to repair an item in the home which he has not done and refuses to do. His basis for not doing the work is that he left certain item at the home which he feels add up to more than it would cost fix the issue. He states I agreed to take these items in payment instead of fixing the problem. I never agreed to this. I had my agent reply to there agent to come and get his stuff. They refuse to come to terms with the agreement. This is a 17 years old home and fixing the problem could be expensive if a match for the baseboard trim cannot be found, thus installing new baseboard through out the whole house. The other problem is if we did install new basebord it would not match the case work and become even more expensive. What steps can I take to ensure no money will come out of my pocket, and that the seller honors the agreement.

    Thank you,

    Mike


  2. Registered User Esteemed Colleague

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    You could get an estimate from someone on how much it would cost to fix the item in question and if it does not exceed your state's small claims court maximum then you could take him to small claims to pay for the repair. Make certain you have documentation from the person who does the estimate(get two) and if the repairagreement is in the contract take a copy of the contract to court as well. As the arguement the seller suposedly has was verbal and assuming you have a contract stating it will be repaired you would probably prevail.

  3. #3

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    Didn't you have a walk thru of the house? Didn't you get proof of the repaired item before closing or at closing? I am buying my first home this month and I have a walk thru scheduled as well as have demanded receipts and reports on all repairs fixed, etc.

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