Fort Lauderdale, FL asked in Real Estate Law for Florida

Q: Do I have any legal action against seller's if they didn't fulfill addendum to contract?

I recently purchased my first home, it's my retirement investment. I will be renting it out until I am able to relocate to the area. Before closing the sellers agreed to rewire the house, reinforce the attic area to make it safe and reinforce the foundation to make it secure, as there were many 'soft spots' on the flooring. At an additional fee added to my offer price. My inspector passed the house so I went ahead and closed. Now I found out on further inspection with a handyman, that the house wasn't totally rewired and that some areas do not even turn off when breaker is switched. The attic is a mass of loose wires. And the bath tub is sinking into the ground. The foundation had extra wood 'sistered' to the old wood but there isn't a upward support of any kind added. I need to know if I can take any legal action against the seller as I have been working with them and our realtors to resolve this situation. And they are just appeasing me and dragging it out.

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2 Lawyer Answers
Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: This depends on the language in the addendum and contract. By closing you may have waived those requirements. The documents should be reviewed by an attorney (who you should have had initially for the transaction, of course).

Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: I agree, by closing you may have waived those conditions as all closing documents are extinguished by merger into your deed. You should have consulted an attorney and not closed until completed. You may not have a legal remedy now as the contract/addendum doesn't exist anymore to enforce.

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