House not up to city code

[kcchiefs]

What is the name of your state? Kansas
1 1/2 years ago we entered into a lease with the option to buy the house. After a recent snow storm that tore down a power line in the back yard we found out that the house is not up to city code. Now the still owner of the house refuses to pay for the necessary repairs/work to bring the house up to code. Is it our responsibility to make those repairs?
thanks for any advice!

 

[BL]

What does the code inspector state ?

 

[kcchiefs]

we did not have a code officer there to inspect. We had to call an electrician to fix the powerline and he is the one that told us. He said if we had to get the power company involved they would require us to bring the house up to city code at the same time, which would cost us about $2,000.00. He then agreed to put the powerline back up as it was before for a smaller fee.
My question is though, before we actually purchase the house can I require the owner to make this repair, or do I have to pay for that, since we signed the lease with option to buy last year already?
Is he not still responsible to make those kind of repairs? He says he is not, since we are actually the "homeowners" and he's "financing" us. ?
Thanks for any advice!!!

 

[BL]

And so he says .

Who's name is on the title ( deed ) to the house ?

Let me guess , his ?

You are " leasing " with the option to buy .

What do you mean by financing ? You are paying monthly rent out of your own pocket for lease rent , correct ?

If so you have NO obligation to pay for needed repairs.

If I were you, I'd have a real estate attorney look over you contract for lease to own for a small fee. Hey, maybe one would look it over for free .

My bet is if you called for a city code inspector come in , they'd find the property was in the landlord's name and require him to repair it, and all other code violations.

If he doesn't I'd use the code inspectors report , and estimates for repairs to negotiate a lower price for ownership .

 

[kcchiefs]

thank's so much for your reply.
One more question.
Part of our monthly rent (1/2) goes into an escrow account which will be used toward a downpayment for the house (in addition to the downpayment we made upon moving in) at the point of sale. Does this make any difference in this case at all?

 

[BL]

You should have used an independent Lawyer to review the contract , before entering into it like that.

You should really run it by a real estate attorney .

Issues don't seem quite right from an outside look .

 

[seniorjudge]

OP, you're double posting.