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We are a little discourged here. My wife and I are buying, well attempting to buy or first home. The contract was signed and the central air was not in the disclosure as not operable so we assumed it worked fine. We put in an offer on the house to which the seller accepted. Well two or three weeks after the contract was signed the central air crapped out and now the seller wants us to pay for the replacement. Now they didn't ask first they just replaced the unit then asked that we pay for it. No they have threatened to breach the contract if we don't pay. I don't think that we should have to pay for this. I've turned it over to my lawyer but they seem to be going back and forth with the sellers lawyer. Anyone have any insight? Thanks
Location: Upstate NY native, now living in Houston
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Well that is just crazy. They still own the home, they should pay for the replacement so it is in working order when ownership is transferred. An inspection would uncover this and you would negotiate a new price from there or walk away. You have absolutely no obligation to pay - it is only a breach of contract if you AGREED to pay to fix the unit, which you did not.
Well that is just crazy. They still own the home, they should pay for the replacement so it is in working order when ownership is transferred. An inspection would uncover this and you would negotiate a new price from there or walk away. You have absolutely no obligation to pay - it is only a breach of contract if you AGREED to pay to fix the unit, which you did not.
It's their home until closing, they own it, therefore their responsibility. If the house burned down, it is their problem before closing, not your problem. If they want you to pay for it, it should be deducted from sale price.
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(set 22 days ago)
Location: Where my bills arrive
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Quote:
Originally Posted by dice97
No they have threatened to breach the contract if we don't pay. I don't think that we should have to pay for this. I've turned it over to my lawyer but they seem to be going back and forth with the sellers lawyer. Anyone have any insight? Thanks
They still legally own the house and from what you wrote you made no intention either written or oral that you would pay. As for the breach of contract; they can legally do that and you can legally take them to court to enforce the sale. I don't think they will want to incure extra expense with a trial.
I would ensure that a thorough walk though is done just prior to closing to make sure everything is in order.
Since it is in your best interest to have this real estate transfer to go over smoothly, you could offer to give them a credit of a few hundred dollars since you will be the primary beneficiary of the repair to have some good will and prevent them causing problems, but you certainly are not liable to give them a dime in my (non-professional in this area) eyes.
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