Seller did not make repair that they agreed to make – Can I do anything about it?

UPDATED: Sep 30, 2022

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Seller did not make repair that they agreed to make – Can I do anything about it?

I just closed on my current house last month. Before the closing, the seller agreed
to have a minor roof leak repaired however it appears that she may not have. My
realtor has been trying to contact her for a receipt or work order of the repair and
the seller isn’t responding.

Do I have any legal ground to stand on in getting her to pay for the repair?

Thank you,

Asked on July 27, 2016 under Real Estate Law, Florida


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

Answered 6 years ago | Contributor

You can sue the seller for breach of contract.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs.
An alternative remedy in your lawsuit for breach of contract would be specific performance in which a court would order the seller to comply with the terms of the contract by repairing the leak from the roof.

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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