Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Buying & Selling a Home

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-19-2005, 01:08 PM
Junior Member
 
Join Date: Sep 2005
Posts: 2

seller doesn't want to pay full amount of termite damage


What is the name of your state? Virginia

My husband and I are buying a house, we close on Oct 3rd. The house has termites and some floor joists are damaged. We knew this when we looked at the house. But we were told by our buyers agent that it would be fixed by the seller. It was even put in our contract, under additional terms, "seller to treat termite infestation and repair damaged joists due to termites." Now the seller only wants to give us 500.00 at closing to fix this problem. We were quoted 1200.00 just to exterminate the termites and we haven't even had the damage that has been done estimated. It does say in the standard provisions in our contract that the seller only has to cover 500.00 of the costs. But we made it very clear before signing papers that we wanted the seller to fix the problem completely to our buyers agent. Can we make the seller pay the total amount, since we put in the additional terms we wanted this fixed and if she wont can we back out?
  #2  
Old 09-19-2005, 02:36 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by shorty24141
What is the name of your state? Virginia

My husband and I are buying a house, we close on Oct 3rd. The house has termites and some floor joists are damaged. We knew this when we looked at the house. But we were told by our buyers agent that it would be fixed by the seller. It was even put in our contract, under additional terms, "seller to treat termite infestation and repair damaged joists due to termites." Now the seller only wants to give us 500.00 at closing to fix this problem. We were quoted 1200.00 just to exterminate the termites and we haven't even had the damage that has been done estimated. It does say in the standard provisions in our contract that the seller only has to cover 500.00 of the costs. But we made it very clear before signing papers that we wanted the seller to fix the problem completely to our buyers agent. Can we make the seller pay the total amount, since we put in the additional terms we wanted this fixed and if she wont can we back out?

**A: did the Seller sign the contract with the additional terms? What is your agent telling you?
  #3  
Old 09-19-2005, 03:52 PM
Member
 
Join Date: Aug 2005
Posts: 161
Quote:
Originally Posted by shorty24141
What is the name of your state? Virginia

My husband and I are buying a house, we close on Oct 3rd. The house has termites and some floor joists are damaged. We knew this when we looked at the house. But we were told by our buyers agent that it would be fixed by the seller. It was even put in our contract, under additional terms, "seller to treat termite infestation and repair damaged joists due to termites." Now the seller only wants to give us 500.00 at closing to fix this problem. We were quoted 1200.00 just to exterminate the termites and we haven't even had the damage that has been done estimated. It does say in the standard provisions in our contract that the seller only has to cover 500.00 of the costs. But we made it very clear before signing papers that we wanted the seller to fix the problem completely to our buyers agent. Can we make the seller pay the total amount, since we put in the additional terms we wanted this fixed and if she wont can we back out?
If the seller signed the contract with your additional terms, then yes you can make them pay for all repairs. If they only wanted to be liable for $500.00 then they should have countered your terms by saying "up to $500.00".
  #4  
Old 09-21-2005, 08:59 AM
Junior Member
 
Join Date: Sep 2005
Posts: 2
the seller did sign the paper with additional terms.
  #5  
Old 09-21-2005, 09:22 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by shorty24141
the seller did sign the paper with additional terms.

**A: then force the Seller to abide by the contracted terms. Talk with the principal broker and discuss specific performance and breach of contract.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:17 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.