I bought a house thru owner financed sell. Has seller breached contract by not making all repairs on time?

Question

In our contract seller had to complete certain specified repairs within 30 days of closing. The seller has not finished repairs it has been 55 days since closing. They swear they have contracted to have the work completed but it would take 3 weeks . that was 3 weeks ago work still is not done and i am fed up. what can i do?

Answer 1

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Answer 2

I would call a lawyer and see get some advice from them

Answer 3

I assume that the repairs were somewhat minor, and by that I mean he wasn't suppose to reroof the house or rewire the entire houses electrical system.  This might be partly why he is having problems getting the repairs done.  Contractors tend to want to work the big jobs before doing the little jobs.

I would send him a letter and state that he has not upheld his side of the deal and that unless the work is completed by a specified time, you will contract to have the repairs made and deduct the amount from your payments to him.

If the repairs fall within the small claims limit, you could take him to small claims court.  This would keep the lawyers out of it.

Good Luck

Answer 4

You are a trusting soul.  You paid your money before the repairs were done.  So you must have felt comfortable with the seller.   Stop the work and ask for a money settlement. Whatever they were going to pay the workmen, have them pay you.

The seller has breached the contract.  But what penalty did you write into the contract if he breached.  I bet you forgot to put in a penalty. That's why i say you are trusting.