James09, Home Buyer in Terre Haute, IN

can I as the buyer take legal action against the seller if they breech a contract?

Asked by James09, Terre Haute, IN Tue Mar 13, 2012

we are in the final stages of closing on the house they agreed to have certain things fixed that was found during the inspection. they found sunificate amounts of lead in the water. they are not going to be able to fix the problem until after we close on the house and I as the buyer i do not want to do this.

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Sara Mehrpou…, Agent, Los Angeles, CA
Tue Mar 13, 2012

Who is fixing the problem after close of escrow, the buyer or the seller? If it's the seller, then they should fix the issue before closing. If you are asking about possible legal action, then you should consult with a real estate attorney. Good luck.

Sara Mehrpouyan CDPE
Short Sale & Foreclosure Specialist
Rodeo Realty
Direct 818-903-2040
Dre License #01712757

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1 vote
Anna M Brocco, Agent, Williston Park, NY
Wed Mar 14, 2012
When it comes to any necessary legal advice, it's always best to consult with an attorney who specializes in real estate.
0 votes
Laura Coffey, Agent, Santa Clarita, CA
Wed Mar 14, 2012
Realtor's are not suppose to give legal advice. I would seek legal council immediately. Not all these answers are correct. It is lined out in the CAR purchase agreement what is allowed.
Good Luck.
Web Reference:  http://Www.laura4homes.com
0 votes
Lance King, Agent, San Francisco, CA
Tue Mar 13, 2012

Although I am not an attorney and you should consult one, based upon my years of experience in the business you have 3 options:

1. Back out of the deal - make sure your atty says you won't lose your deposit
2. Delay the close of escrow till the issues are fixed.
3. Do as Emily suggested - find out how much it will cost and do a holdback.

My preference would be # 2 as you haven't put up your money till the problem is fixed.

Best Regards,

Lance King/Owner-Managing Broker
DRE# 01384425
0 votes
Emily Knell, Agent, Huntington Beach, CA
Tue Mar 13, 2012
I suggest you get the appropriate contractors or plumbers or whoever the expert is to fix this type of problem over to the property ASAP & have them create a work order or quote for what it's going to take to fix the issue.

Let's say the amount of money to cure the problem is going to be $5,000. Then you have your Realtor create an Addendum to state "Escrow is hereby instructed to withhold $5,000 from the seller's net proceeds & xyz contractor / plumber is to fix this problem (describe issue), should total cost to cure be less than $5,000, monies will be returned to seller".

Please talk to your Realtor or Real Estate Attorney about this.

I don't look back on this same Trulia thread for answers posted after mine.

562-430-3053 c
Realtor Since 1996
Main Street Realtor
0 votes
Janey Bishop, Agent, Calabasas, CA
Tue Mar 13, 2012
What would you like them to do? You can extend escrow or have them prepay the repairs or ??? But if you want the house you need to propose something reasonable.
0 votes
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