What do we do if one of the repairs that was supposed to be completed by the seller of our new home was not completed?

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What do we do if one of the repairs that was supposed to be completed by the seller of our new home was not completed?

It was listed in our inspection and was to be completed prior to move in. What do we do now?

Asked on February 9, 2012 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the seller for breach of contract for failure to make the agreed upon repair.  If the item to be repaired is major, this is a material breach of the contract, which means it goes to the basis of the bargain or the heart of the contract.  Your remedy would be damages (monetary compensation) or you could seek rescission of the contract and restitution of payments you have made.  This is only if it is a material breach of the contract.  If it is a minor breach of the contract, (one that does not go to the heart of the contract or the basis of the bargain) you could still get damages, but you would not be able to pursue the alternate remedy of rescission and restitution.

Your damages whether it is a material or minor breach would be the cost of completion of the repairs.  You will need to mitigate (minimize) damages.  For example, if you hire some other company to make the repairs, that entity's fees would have to be comparable to other entities in the area making that type of repair.  If you were to select the most expensive entity you could find to make the repairs, your damages would be reduced accordingly.


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