roof replacement disagreement

[Jena]

We just signed a contract to buy a house. The inspection turned up several problems. The biggest being the roof. One of the things we loved about the house was the wood shake roof. Well now we have found out it needs replacing. The seller says he will replace the roof with a cheaper one and higher the price of the home. We say no way because we feel as though we are already overpaying as is after this inspection and we want the wood shake roof. Our contract states that all repairs and replacements must be agreed upon by all parties or the contract is void and the earnest money will be refunded. The seller's agent says that the seller can put any roof he wants on and if we don't accept it we don't get our earnest money back. The house is still on the market they haven't taken it off yet so he isn't losing any potential buyers during this time.

 

[Tracey]

And what does your agent say?

You offered to buy a house with a functional shake roof. Changing the roof style is a major cosmetic & structural change. S can put any roof on that he wants, but doing so changes the house significantly & voids your offer. S also can't charge you for the new roof. Get your agent working on this. If you don't have one, get one.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.