Question Details

Dean, Home Buyer in Mission Viejo, CA

Seller is refusing to pay for termite repairs/tenting as stipulated in the purchase agreement. We have

Asked by Dean, Mission Viejo, CA Fri Mar 28, 2008

already gone higher on the purchase price than we originally wanted. Though we knew purchase was 'as is' we felt better knowing that they would cover termite issues. What are our options.

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Then, by my understanding, the Seller owes you a termite treatment. Again, Don Tepper's answer outlines the same advice I would give my client in the same situation. If the agent doesn't want to do his job for you, call his broker. If that doesn't help, call an RE lawyer and the state license commission.

Best wishes, and let me know how this turns out!
0 votes Thank Flag Link Fri Mar 28, 2008
Thanks for the info. The home is 'as is' but does have the termite repairs covered in the contract. We do have a realtor, but he reps the seller as well. And the contract has ben accepted. We are in escrow, due to close next week, with this being the final point.
0 votes Thank Flag Link Fri Mar 28, 2008
Don's answer is right on.

I am wondering, have you already come to acceptance of the contract? Do you have an agent representing you?
0 votes Thank Flag Link Fri Mar 28, 2008
Your question isn't totally clear: You purchased the house "as is" but the purchase agreement stipulated repairs for termite damage?

If your purchase agreement called for repairs, and if the seller agreed to your agreement with that provision in it, then the seller is obligated to perform those repairs. Alternatively, an amount could be put into escrow (make it 1.5-2 times the actual estimate for the repairs) so that you can make those repairs after the purchase. If the seller refuses (I'm not a lawyer, so this isn't legal advice), then you may have grounds to terminate the agreement.

Hope that helps.
0 votes Thank Flag Link Fri Mar 28, 2008
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
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