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Remedy Request disagreement

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homebuyer9

Junior Member
What is the name of your state? Ohio

We are the buyers, and we are currently in contract. Our inspection report states that the heating system and dishwasher are not operational.

Our real estate purchase contract states that "all mechanicals, including but not limited to all appliances, heating and cooling systems, electrical
and plumbing, are to be in adequate and proper working order at the time of possession."

Sellers refuse to repair the heating system and dishwasher because they want out of the contract (they received another offer a few days ago).

We want to buy the house and don't want to give them reason to get out of the contract. Our question: can we force them to do the repairs before the closing date? If not, and we do the repairs after we move in, can we recover the repair costs through legal channels?
 


BelizeBreeze

Senior Member
Sue them for specific performance of the existing contract of offer to let them out for your earnest money plus time and trouble...
 

HomeGuru

Senior Member
homebuyer9 said:
What is the name of your state? Ohio

We are the buyers, and we are currently in contract. Our inspection report states that the heating system and dishwasher are not operational.

Our real estate purchase contract states that "all mechanicals, including but not limited to all appliances, heating and cooling systems, electrical
and plumbing, are to be in adequate and proper working order at the time of possession."

Sellers refuse to repair the heating system and dishwasher because they want out of the contract (they received another offer a few days ago).

We want to buy the house and don't want to give them reason to get out of the contract. Our question: can we force them to do the repairs before the closing date? If not, and we do the repairs after we move in, can we recover the repair costs through legal channels?

**A: you need to settle it now prior to closing.
 

JETX

Senior Member
homebuyer9 said:
can we force them to do the repairs before the closing date?
Yes. Have your agent/attorney contact them in writing with a threat of breach.

If not, and we do the repairs after we move in, can we recover the repair costs through legal channels?
No. Your closing KNOWING of the breach could be considered as acceptance of their failure to abide by the contract.
 

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