We have a purchase agreement that stated that seller will pay back any expenses paid for fixing ,apraisal, ect. but the seller refuses to do repairs

Asked by Edge83, Montevideo, MN Tue Apr 10, 2012

We did some repairs since seller refused to.had to tansfer wife off purchance agreement do to credit problems. Added my name and seller decides that she will not pay expenses if loan falls threw

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6
Patti Ann Ka…, Agent, Coon Rapids, MN
Fri Apr 13, 2012
You should never do repairs on a home you do not own. And you don't own it until after it closes. In some instances there may be requirements to escrow money for repairs that are to be made after closing.

Read your contracts and talk to your agent. But I cannot envision a situation where a Seller would be responsible for the cost of repairs that you made before the closing.
1 vote
Repairs made were required before closing and by appraiser
Flag Fri Apr 13, 2012
Mike Sullivan, Agent, Gainesville, FL
Wed Apr 11, 2012
The contract should determine who is responsible for the repairs. You might want to consult an attorney for appropriate action/recourse. That being said, legal fees just add to the cost of the transaction, you have determine the value of the repair vs the cost of any legal process and decide for yourself which is the best course of action. There is not enough information here for anyone to give you a definitive answer.
0 votes
Susan Hoffla…, Agent, Shoreview, MN
Wed Apr 11, 2012
Hi, Edge83!
I'm not exactly sure what's going on here without seeing your purchase agreement. What does your agent say?????? The agent will be the best person to advise you about your recourse since it's your agent that drafted the purchase agreement.

That said, it sounds like the seller is on the hook to pay expenses IF your loan DOES go through and you have a successful closing. BUT, you also mention that there are some repairs that have already started. (?) Does that mean some of the repairs HAVE to be done for the loan to be approved?

In any event, there is always remedy within the wording of the purchase agreement that we can't know because we haven't seen it. Again, I ask, what does your agent say????????

Good luck!
Web Reference:  http://www.homestosellmn.com
0 votes
Elizabeth Fu…, Agent, Wayzata, MN
Tue Apr 10, 2012
Most purchase agreements, if they are the approved MN forms, identify the buyers' responsibility as far as getting a loan, loan approval and a closing date. It would not be likely that your agent would advise you to do any work on a property you do not own, since MN law is quite clear on that point. Your agent will be able to explain that to you, and if you need further information, feel free to contact me. Liz, 612-986-4105
0 votes
The repairs that we did were required by the appraiser and had to be done before closing. She signed a form stating that if we could not get financing, she would reimburse us for the repairs. Since i had to take my wife off the loan and put me on, she's trying to change it. She can't do that since she already signed the agreement, correct?
Flag Tue Apr 10, 2012
Vicky Chrisn…, Agent, Purcellvile, VA
Tue Apr 10, 2012
Since no one here will know what your contract says - or more importantly HOW - I suggest you speak with a real estate attorney.
0 votes
Michael Emery, , Minneapolis, MN
Tue Apr 10, 2012
Does your purchase agreement say the seller will reimburse you for seller incurred expenses IF the sale closes?

If so, if you're not able to get a loan then the sale can't be completed and the seller wouldn't be obligated to reimburse you for out of pocket expenses as it is not the sellers fault that you couldn't get financing.
0 votes
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