house is falling apart seller never made repairs like he said what do i do
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house is falling apart seller never made repairs like he said what do i do
seller sold me this house…mind you i did sign to buy it but in the contract he disclosed repaiers would be fixed….he never made the repairs? now my house is falling apart because of it? what do i do
Asked on June 19, 2009 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
If there's a contract, you can sue to enforce it. You can eithe sue before the work is done and try to get an order forcing the former seller to arrange for the repairs, or you can make the repairs and sue to recover your money. The latter--making the repairs yourself and then suing for the money--is much more practical because (1) generally courts prefer to give money damages rather than force a person to do something; and (2) do you really want a seller you can't trust working on your home?
If you're going to get the work done and sue to recover, get a couple of different estimates, so the seller's attorney can't claim you went with the highest or an unreasonable one unnecessarily, just to spend his money.
Also double check your contract of sale on the home--make sure there's not some clause saying that you were taking the home "as is" or that by closing on the home, you waived your right to the repairs.
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