Home Buying in 11235>Question Details

Mm, Home Buyer in Toms River, NJ

The house I'm buying has termite damage to window sills and walls. Does the seller have to pay to have the work done?

Asked by Mm, Toms River, NJ Thu Feb 28, 2013

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Mitchell Feldman’s answer
Dear Mm:

There is no law that says they have to make such a repair. You can ask the sellers if they would be willing to address it but in the end they are not required to. Of course, you can always walk away from the deal if it bothers you. This is assuming of course that you are not already in contract. If you are in contract, speak to your attorney. If I can be of further assistance, please let me know. Good luck!

Mitchell S. Feldman
Associate Broker/ Director of Sales
Madison Estates & Properties, Inc.
Office: (718) 645-1665/ Cell: (917) 805-0783
Email: MitchellSFeldman@aol.com
0 votes Thank Flag Link Thu Feb 28, 2013
Are you under contract? Are you buying the house in as-is condition? If you're not under contract, negotiate these repairs prior to signing contracts. Minor sure if you're using an attorney or not, some parts if NJ do and others don't, but if you're using one, go over your options with your attorney.

Javier Meneses
Senior Loan Officer
NMLS #23130
310 Crossways Park Drive
Woodbury, NY 11797
3 votes Thank Flag Link Thu Feb 28, 2013
Since none of us are involved in the transaction, your agent, and or attorney can better answer the question, consider a consultation...
0 votes Thank Flag Link Thu Feb 28, 2013
Hi Mm,

First, refer to your purchase contract and any addendums you may have done. That said, if you have an inspection contingency and it has not been removed, you can request that the seller do the repairs. They have to agree in writing for it to be legally binding. However, they don't have to do the repairs - you can simply request they do them. If they don't want to do them, you can either do them yourself after you own the house or you can cancel contract. Or, you and the seller can meet somewhere in the middle. If your purchase contract states the seller will repair termite issues, then, yes they have to do the repairs.

Shanna Rogers
SR Realty
0 votes Thank Flag Link Thu Feb 28, 2013
I'm sure you have a Realtor.
I'm sure he told you to include an Inspection Contingency in your Offer.
I'm equally sure that you have not released the Inspection Contingency.
I'm sure you're Okay.
0 votes Thank Flag Link Thu Feb 28, 2013
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