Can I get some ore all my losses back if seller will not do lender required repairs?

Asked by Linda, 78211 Mon May 31, 2010

Seller payed for most of the repairs,however Appraiser still found more minor thinks that need fixing.We had to extend the contract which seller did not sign.

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7
Doc & Ellen…, Agent, San Antonio, TX
Thu Jun 3, 2010
BEST ANSWER
Hi, Linda,

People read contracts when things start to go bad. Usually by then, it's too late. It sounds like you got the Seller to repair some things, but they balked at doing additional lender required repairs. Negotiations are usually better than law suits.

If your agent is a skilled negotiator, you might ask him or her to find out from the listing agent exactly what the Seller wants and will agree to do, then see if you can reach a reasonable agreement. It is very true that most contracts have specific remedies for default, but the courts sometimes grant Buyers wide latitude in Texas. If you have to hire a lawyer, get a good Board-certified Real Estate attorney who is also a good negotiator, and see if he or she can get this deal done first, before suing. You'll get the house you want, the Seller will get the money they want, and you'll all save a lot of wasted time, money and emotion.

Call us if you need a reference to a good attorney.

Good luck,

Doc
Web Reference:  http://TellEllen.com
1 vote
Jim Johnson, , 78233
Sat Jul 3, 2010
The agents who responded here are walking on egg shells. This is a legal matter, and my best advice is to consult with an attorney who specializes in real estate or contract law.
1 vote
Ralph Buller, Agent, San Antonio, TX
Mon May 31, 2010
You have already gotten two good answers. But you say the seller did not sign the contract extension? You could be out of contract. Please get your agent to tell you what happened concerning the extension. You might need a good real estate attorney. Good luck.
1 vote
Anna M Brocco, Agent, Williston Park, NY
Mon May 31, 2010
Review your contract, the answer will be found in the document--what is your agent advising--if you don't have an agent, consult with an attorney who specializes in real estate--most professionals do offer a free consultation.
1 vote
ApartmentReb…, , San Antonio, TX
Fri Jun 4, 2010
Linda, I am sorry for your situation. Please let us know the result. This is a very interesting situation. We will pay for lunch and you can tell us your story.
0 votes
ApartmentReb…, , San Antonio, TX
Fri Jun 4, 2010
Linda, I am sorry for your situation. Please let us know the result. This is a very interesting situation. We will pay for lunch and you can tell us your story.
0 votes
Guy Gimenez, Agent, Austin, TX
Mon May 31, 2010
If the contract you used is the TAR or TREC contract form, refer to paragraphs 7(e) and 7(f) which will help answer your question by clarifying each party's obligations under the contract. If the Seller has no obligation to make the repairs, per the contract, then it is very doubtful that you'll get anything more than your earnest money back, if that.

No one here has read your contract and that is where the answer will be found.
Web Reference:  http://www.phgbrokers.com
0 votes
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