enforcing agreement to repair before closing

[joekelly1973]

What is the name of your state? TN

Put in an offer on a home. During the home inspection we found that there was water damage in the master bathroom ceiling. As a condition of closing, we requested that the owner fix the leak and repair the damage (this was documented as an amendment to the contract).

Immediately after moving in, I found that the water damage persisted (looks like they simply repainted the ceiling). I have contacted the seller's real estate agent about addressing this issue, but he has not been responsive.

I am planning to proceed as follows:
1. Hiring a contractor to fix the problem
2. Take the owner to small claims court

My questions:
1. Is there a better way to proceed?
2. Anyone ever have luck enforcing an agreement for repairs?

[HomeGuru]

Originally Posted by joekelly1973

What is the name of your state? TN

Put in an offer on a home. During the home inspection we found that there was water damage in the master bathroom ceiling. As a condition of closing, we requested that the owner fix the leak and repair the damage (this was documented as an amendment to the contract).

Immediately after moving in, I found that the water damage persisted (looks like they simply repainted the ceiling). I have contacted the seller's real estate agent about addressing this issue, but he has not been responsive.

I am planning to proceed as follows:
1. Hiring a contractor to fix the problem
2. Take the owner to small claims court

My questions:
1. Is there a better way to proceed?
2. Anyone ever have luck enforcing an agreement for repairs?

**A: where is your real estate agent? Why did you not demand confirmation of repair via paid invoice by the licensed repair contractor?

[joekelly1973]

My real estate agent has not been responsive. Yes, handling this situation would be a lot easier if my agent were representing me now.

The ceiling was one of a few problems we found during the home inspection. We did a walkthrough the day before the close and everything looked OK. I agree with you that in hindsight, we should have gotten confirmation of via paid invoice by the contractor.

Despite my mistake, I am hoping that we still have a case -- the writing in the contract is clear and the seller knowlingly misrepresented fixing the problem.

[HomeGuru]

Originally Posted by joekelly1973

My real estate agent has not been responsive. Yes, handling this situation would be a lot easier if my agent were representing me now.

The ceiling was one of a few problems we found during the home inspection. We did a walkthrough the day before the close and everything looked OK. I agree with you that in hindsight, we should have gotten confirmation of via paid invoice by the contractor.

Despite my mistake, I am hoping that we still have a case -- the writing in the contract is clear and the seller knowlingly misrepresented fixing the problem.

**A: then go and see a real estate attorney since you may have a case.