What is my recourse if the seller did not do what they agreed to in the contract?

UPDATED: Oct 1, 2022

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What is my recourse if the seller did not do what they agreed to in the contract?

We bought a house and had the sewer scoped. That scope showed massive root

intrusion. We requested the seller have it bladed out and rescoped. They sent a

receipt showing that they had cleaned it out. The day of closing we found out

they had not done the rescope. We proceeded with closing after the seller agreed

to have it rescoped the next business day. The rescope showed they had not had

the sewer line cleaned out at all. The concrete in the basement needs to be cut

up and pipes replaced. Had they done what they had agreed to, we could have known this before and chosen to back out. Is there any legal recourse we can take to get them to pay for the repairs?

Asked on September 26, 2018 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there was an agreement that they would rescope and they did not, you could sue them for "breach of contract"--for violating the agreement. If they represented, or promised, you that they would do this, and based on that, you went ahead with the transaction, you could sue them for fraud (for a misrepresentation which induced you to do something). In either event, assuming you can prove your case, you could get a court judgment that they pay the costs you incure due to their failure to do what they promised or agreed to do.

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 AttorneyPages.com 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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