help with purchase contract

[wundrbird]

My wife and I are moving soon, and we have signed a purchase contract with a townhome owner. He is refusing to properly repair some plumbing and the heating and air in the townhome. The homeowner has said that one of the plumbing issues is not required, but I have found and quoted out of the North Carolina Plumbing Code where that item has to be done. Shouldn't I be able to get out of the contract for that reason? My realtor is telling me that the homeowner's warranty should cover any problems that arise. I think she just wants to make the sale (she's my buyer's agent), because this process is becoming too long and drawn out. I don't want that warranty to have to cover any items that I think should be repaired according to the purchase contract. My wife and I really don't like the place after we had the home inspection. We are looking for a legal way to get out of the contract. Any ideas?

 

[Michael Wechsler]

I cannot tell you what your contract says.

However, in most standard contracts of sale in NY, there is a clause that all the plumbing is in good working order. If the seller isn't willing to do so then that could be a breach of contract and I would think you could decline going forward with the sale. I NEVER trust brokers primarily because they are looking for their money and don't care if you will have to pay a higher premium on your homeowners so long as they obtain their funds.

I agree with you, however, I would make sure to make my objections in writing prior to closing. If the seller refuses, then you have a choice to make.

 

[wundrbird]

Thanks for your reply. Thanks goodness, though, I didn't need any info. We asked them to release us from the contract, and they did. We even got our 500 earnest money back. They could have kept it, but didn't. We're sending them a gift certificate to a great local restaurant as an appreciation gift.

We found out that they were actually going to move in next-door, and apparently didn't want to live next to someone who was so unhappy with them.

Thanks again.