How binding are signed
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How binding are signed
We just purchased a home. On the amendment page listing the required repairs prior to closing which was signed by both parties, we requested that the HVAC be serviced and repaired if needed by a
Asked on February 12, 2019 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
HVAC means "heating, ventilation, and air conditioning": it includes the heating system. If the contract required that HVAC be serviced, that includes servicing the heating compenent as well as the air conditioning. If the heating was not serviced, then the seller breached the contract. That breach makes him liable or responsible for the costs or "damages" you thereby incur--such as the cost to service, repair, or in this case replace the heater.
The only issue you face is that if the seller refuses to voluntarily honor his obligation, the only way to recover the cost to replace the heater is to sue him for the money--you can't make him directly pay for the heater if he refuses to do so. So you would need to pay for the new unit yourself, then sue him for reimbursement.
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