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seller refuse to correct discrepancies on seller's disclosure and refuse to repair

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Dance II

Junior Member
What is the name of your state ? Indiana

The seller claimed that Ampere rating is 200A iin Seller's Disclosure. The inspector found it's only 100A. They also claim the chimney is in working order but the weather cap is found rut through. The seller refuse to correct these two items. There are safety issues that the first two concrete blocks of the sidewalk sank about 2 inches. The seller responded that it's a step and refuse to correct ir. Some part of the deck was noted by the inspector bent at 45 degrees and weak. The seller said it's bouncier than the other parts and the bent is natural because of the material.

Can we terminate the contract?

Please help asap
 


divgradcurl

Senior Member
Dance II said:
What is the name of your state ? Indiana

The seller claimed that Ampere rating is 200A iin Seller's Disclosure. The inspector found it's only 100A. They also claim the chimney is in working order but the weather cap is found rut through. The seller refuse to correct these two items. There are safety issues that the first two concrete blocks of the sidewalk sank about 2 inches. The seller responded that it's a step and refuse to correct ir. Some part of the deck was noted by the inspector bent at 45 degrees and weak. The seller said it's bouncier than the other parts and the bent is natural because of the material.

Can we terminate the contract?

Please help asap
Does your contract have an inspection contingency, or any other contingencies? What does your realtor say?
 

Dance II

Junior Member
Our realtor is helping the seller. He initially advised us that we shall not send any requests for repair because the seller had a full price for the house "as-is". He is of no good use and even implied in his e-mail that he has won several lawsuits. :(

We do have an inspection contingency. There are three conditions that the defects 1) have significant adverse effect on the value of the property 2) have significantly impair the health and safety of future occupants of the property 3) or that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life of the premises.

Before today, the seller's agent kept saying that they are not going to fix anything, including those marked unsatisfactory by the inspector. Suddenly, they are willing to fix some electrical problems inside the house. But they still refuse to fix the somewhat costly issues.

One lawyer told us that it's somewhat shaky to terminate the contract based on the fact that there are discrepany in the disclosure and the other safety issues. We are not so sure that the inspector will stand firm on his judgement. The seller has contacted him and it seems he is willing to take their explanation. It's really ridiculous that some one can claim that they put a step on their sidewalk.

We are asking the seller to put money in escrow so that we can fix the problem when we have the house. If they refuse, can we terminate the contract? They cannot just make false claim and force us to accept it.
Please help.
 

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