Home Buying in Philadelphia>Question Details

Imslav%40gma…, Home Buyer in

Can buyer sue seller for faud if seller fails to perform repairs signed into contract addendum and then backs out of the sale?

Asked by Imslav%40gmail.com, Thu Feb 28, 2013

We signed the contract and an addendum with the seller to have certain repairs done prior to closing. The addendum stated that seller would provide certifications for the repairs and that they would be performed by licensed contractors in a workmanlike manner. Some of the work was structural and required a permit from the city of Philadelphia. We found out that the seller didn't use licensed contractors and didn't get permits. When we confronted the seller he pushed for the sale to be terminated and is refusing to provide proof of using licensed contractors. Can we terminate the contract and then seek damages by sueing the seller for fraud? We can't buy the house since it has illegal structural repairs that the seller is not willing to resolve.

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Answers

9
I think you have a court case. But you need to talk to a local real estate attorney to see what's your recourse is
1 vote Thank Flag Link Fri Mar 1, 2013
the court system is full of law suits. winning a case is an expensive time consuming ordeal. both parties will tend to exaggerate their case to "posture" for a more convincing argument.
since you pose your question to a group of strangers you will get what you asked for FREE ADVICE. what is free advice worth? exactly what you paid for it. Nothing.
0 votes Thank Flag Link Fri Mar 1, 2013
You need to talk with an Attorney and please make sure it is an attorney that represents Buyers with type of problem If you think I can help lease call me 215-725-5700 X49

Philip J. Cunningham Sr.
V.I.P. Realty Corporation
7942 Bustleton Ave
Philadelphia, PA 19152 215-725-5700 X49
PhilCunningham2004@yahoo.com
Web Reference: http://www.GreatPaRE.com
0 votes Thank Flag Link Fri Mar 1, 2013
Ask your realtor and attorney about "Specific performance".
0 votes Thank Flag Link Fri Mar 1, 2013
It is time for you to meet with a real estate attorney.
Good luck to you.
Don Sherman
Centuty21 Advantage Gold-Castor
Cellphone -267-716-8228
Email-realtor94@gmail.com
0 votes Thank Flag Link Thu Feb 28, 2013
Good Evening IMSLAV,

Since you are being represented by a Realtor and or Attorney?... I'm in no position to give advice but YOUR REALTOR better give YOU advice AND FAST!

All the Best John Curci RE/MAX
0 votes Thank Flag Link Thu Feb 28, 2013
Sounds like a question for your realtor
0 votes Thank Flag Link Thu Feb 28, 2013
Talk to an attorney. Your agent should be making the same recommendation.
0 votes Thank Flag Link Thu Feb 28, 2013
Lmslav,
You're asking a legal question to Real Estate folks. Most of us aren't attorneys and the few that are would only give a very limited answer due to a lack of information. Unless someone reads your specific contracts and sees the receipts or unfulfilled requests it's hard to say.
I would say that if the seller did not comply with the terms of the contract, you can't be forced to buy the house. Your damages for not buying may be only what expenses you may have had since the inspection issues were agreed upon, but not completed, so I would be surprised if an attorney recommended you pursue that suit, but you will need to spend some time and maybe some money with an attorney to fully understand your options at this point, and I think it would be time and money well spent.
One last note, don't put this off. Seek out an attorney, preferably one recommended to you from you agent or the broker who deals with Real Estate in PA regularly and get on this immediately.
0 votes Thank Flag Link Thu Feb 28, 2013
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