Renegotiating contract

UPDATED: Sep 30, 2022

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Renegotiating contract

We are under contract with a property. We have been told by our insurance agent that due to the condition of the roof, we cannot obtain insurance. We want the seller to put a new roof on before we agree to purchase. How do we request this? The agent is representing both parties.

Asked on April 3, 2017 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Is there an "inspection contingency" or other clause in the contract of sale so that you can pull out of the sale if an issue like this is not fixed? If so, you can tell the seller that if he does not fix the roof, you will walk away from the sale--assuming you are willing to do so.
If you don't have such a clause or contingency in the contract (or you did, but the time to exercise it has expired) and you are locked into the sale (e.g. it's an "as is" sale), then while you can *ask*, the seller doesn't have to do anything--you may have to coordinate with him that you will pay for a new roof now, so you can get insurance.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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