Home Selling in 45344>Question Details

Jim Ketcheson, Both Buyer and Seller in 45344

are the sellers responsible for any repairs after the closing?

Asked by Jim Ketcheson, 45344 Mon Jun 16, 2008

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A seller would be responsible for repairs after closing if they knew about the problem and/or tried to conceal the problem, which can be difficult to prove, or they made repairs as a part of the contract and those repairs were not done properly. Did you have a home inspection conducted as part of your offer? Were the issues you are referencing come up in the inspection?

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1 vote Thank Flag Link Mon Jun 16, 2008
Thanked. My problem is that the contractor the seller engaged did not do the repairs properly. Is the seller responsible?
Flag Fri Sep 13, 2013
If the repairs were negotiated as part of the contract, the buyers are required to fix what was agreed upon in the inspection negotiations. However, if a know defect was not disclosed and found after the closing, the previous owners would more that likely be required to make necessary repairs. The key word here is peoprly disclose. If you know of an issue and you did not disclose it, you could be held liable. So, disclose, disclose, disclose!!!! On the other hand, if the inspection section was waived you would not be responsible for reapir unless you did noe disclose a know defect.
0 votes Thank Flag Link Sun Dec 14, 2008
This depends on what was agreed upon in the contract. At closing you more than likely signed a form that all repairs, agreements, etc. have been satisfactorily completed or funds escrowed to take care of such items.

If there are things now that you are finding, they are either items that should have been disclosed by the seller and were not, in which case, you should seek the help of an attorney to assit you. Or they should have been found by your house inspector prior to you buying the home. Did you have a qulified inspection on the home?

There are a lot of pieces of this puzzle that need to be answered before anyone can make one determination or another of how to handle this situation.

I always make sure my buyers have an inspection of the home, and if they do not want to do so, then I have them sign a form put out by HUD that states the importance of a house inspection.
Web Reference: http://www.SWOhioRealty.com
0 votes Thank Flag Link Mon Jun 16, 2008
It all depends on what was agreed within the contract. If the seller agreed to make certain repairs as a condition to the sale, then they are responsible.

Of course, if they have not fulfilled their end of "the deal" then you do have legal recourse if they fail to meet their contractual obligations.

Good luck!
0 votes Thank Flag Link Mon Jun 16, 2008
The problem is the buyer has no leverage after closing at all. The seller may have left town and be very hard to find.

So for practical reasons the seller should never be counted on to do repairs after closing.

Legally in Texas if a seller has fully disclosed to the buyer, and the seller has completed all repairs required under the contract, then the seller probably is not required to do any other repairs.

It is always strange to have something break the day a buyer moves in, but it does happen. There are hard feelings. That is the major selling point of those "home warrantty" companies. They can take care of those things.
0 votes Thank Flag Link Mon Jun 16, 2008
I purchased a house in texas and closed 3.5 months ago. About 3 weeks ago, we found out that the AC blower draining pan is rusted away and started leaking thru the roof. The home inspector did not find any issues with he AC blower except that the secondary drip pan shows rust which could indicate that there is or could have been water at some point and with the exception that there is a slight temperature deficiency which can be fixed by getting the AC serviced, there are no issues. Note the inspection was in the winter time so the AC was not being regularly used. I submitted a claim to the home warranty and they are refusing to fix it saying that it takes a long time for the drain pan to rust and that must have happened before I got the warranty, I explained to them that the inspector did not see any leaks and was no where listed in the report that there was any issue with the blower but they are still refusing to fix, should the home warranty cover it or should I contact the seller?
Flag Mon Jul 14, 2014
I moved into a house with a broken refrigerator, when i told my realtor about it .. She said ... houses never come with a refrigerator , I asked for the seller to leave it for free, he wanted to charge $200 but I negotiated to get it at no cost at all. She didn't do anything at all about the situation. I'm hurt because 1) I was never aware that she negotiated for the refrigerator to stay. 2) she never told me homes usually never come with a refrigerator 3) she has done everything possible to protect her self from lawsuit or report.
I was really just in search of her guidance on what to do ... I am not thinking of taking this further . I just want to know what to do about the refrigerator. I called a repaired company and 15 days ago they took off with $400 dollars and I haven't seen them and I still do not have a refrigerator.
Flag Tue May 27, 2014
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