Seller breached contingency?

[Anxious Buyer]

What is the name of your state (only U.S. law)?

Maryland:

Seller had 3 days to respond to request for repairs and a home warranty. Contract says "Failure of either party to respond within 3 days after deivery requiring repairs and/or a credit towards closing costs (as provided in paragraphs 2 and/or 3) will result in acceptance by both parties of the terms of the most recent notice." I signed the document 9/22. Seller responded 9/28 saying no to home warranty, but will fix some repairs. I go to closing tomorrow (10/7) and Seller has not provided receipts from licensed contractor(s) specifying that the referenced repairs have been completed, as requested in home inspection addendum.

Can I hold her in breach of contract and demand repairs and home warranty?What is the name of your state (only U.S. law)?

 

[FlyingRon]

Unless the contract requires licensed contractors or receipts, you can't just assert they are either in breach or owe you a warranty. You will need to show that the repairs, in fact, were not done to recover the cost of making the repairs. You're not getting a warranty as a relief unless the seller agrees.

 

[JETX]

Can I hold her in breach of contract and demand repairs and home warranty?

As for the repairs, you CAN negotiate a 'hold-back' (escrow) of the approximate funds to do the repairs in the event the seller failed.

However, you cannot do so with a 3rd-party warranty. That was not, and cannot be found to be, a post agreement obligation.

If you don't want the property with the repairs they accepted (by their silence), have your attorney send them a comply or cancel letter.