Seller not up holding his end of purchase agreement

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Seller not up holding his end of purchase agreement

My son purchased a house in Indianapolis and a Amendment
was added to build a Garage.Not built yet.
going on 18 months now.Where do i start to help him?
Selling agent and Seller or no one involved is doing anything.

Asked on April 28, 2018 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the house has already been purchased (the closing was held) but the seller was still contractually obligated to build the garage, your son can sue the seller (not the realtors: they have no obliation here, since they did not own the propety and presumably did not themselves contract to build the garage) for "breach of contract" to get monetary compensation for the failure to honor the obligation to build the garage. This compensation would typically be in an amount equal to the cost for your son to have the garage built. He would need evidence of that cost for court: e.g. proposals or estimates, plus likely having the prospective contractor/building testify in court as to the cost.
If the sale has not closed, the seller's breach by failing to build the garage by when the seller should build it would provide a basis to terminate the contract and get your son's money back, which may provide leverage to either get the garage built or get a price concession  or credit to compensate for the lack of a garage.


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