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Old 05-11-2013, 08:09 AM
 
14,078 posts, read 16,607,365 times
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If the purchase contract states that the buyer can cancel the contract if the seller fails to repair all of the requested items, does that mean that the buyer can legally cancel over minor problems that the seller refuses to repair? The contract does not state any specific dollar amounts for repairs. Also, if the seller chooses to instead reduce the purchase price instead of repairing the items, can the buyer still cancel since the contract specifically mentions "repair" and the buyer may not be able to afford to do the repairs even with the purchase price reduced?
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Old 05-11-2013, 08:36 AM
 
Location: Austin
7,244 posts, read 21,806,338 times
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First, no one is going to give you legal advice. Second, you don't even state what state you're in for anyone to be able to give you any local custom information. Third, if you need your contract interpreted, you need to speak with an attorney.
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Old 05-11-2013, 08:40 AM
 
Location: The Triad
34,088 posts, read 82,953,336 times
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Quote:
Originally Posted by Sweet Like Sugar View Post
If the purchase contract states that the buyer can cancel the contract if the seller fails to
repair
all of the requested items...
It won't say that and certainly not with that sort of phrasing.

It will say that the buyer can request a repair (or a long list of them)
and that the the seller can refuse to do a repair (or any part of a list).

The rest is negotiated with the understanding that the buyer can back out
(inspection contingency) or the seller can adjust the price if they choose to.

If the "repair" is actually something substantial or a real defect (very few are)...
then you can quickly get into the area of appraisal values. A different set of issues.
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Old 05-11-2013, 08:41 AM
 
Location: northern va
1,736 posts, read 2,892,485 times
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boils down to how your contract and addendum is written.

in my area, the repair addendum would be written up clearly (hopefully ) enough that there is no gray area. the repairs requested could be big or small.. if the seller says no, or counters in anyway, or offers a $$ credit in lieu of the repairs, it falls back to the buyers to agree to this counter. if the buyer says no to this counter, and the seller doesn't agree to the initial repair requests, the contract could be terminated.

if the buyer agrees to whatever the seller countered back with, everyone signs off and the purchase moves forward.
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Old 05-11-2013, 08:46 AM
 
14,078 posts, read 16,607,365 times
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Quote:
Originally Posted by kww View Post
boils down to how your contract and addendum is written.

in my area, the repair addendum would be written up clearly (hopefully ) enough that there is no gray area. the repairs requested could be big or small.. if the seller says no, or counters in anyway, or offers a $$ credit in lieu of the repairs, it falls back to the buyers to agree to this counter. if the buyer says no to this counter, and the seller doesn't agree to the initial repair requests, the contract could be terminated.

if the buyer agrees to whatever the seller countered back with, everyone signs off and the purchase moves forward.
Ok thanks!
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Old 05-11-2013, 03:06 PM
 
Location: Philaburbia
41,959 posts, read 75,174,114 times
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A buyer can ask for anything. A seller is free to refuse any or all of whatever the buyer asks for.

As Mr Rational pointed out, very few "repairs" requested by the buyer are substantial or related to health or safety.
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