Q: Had PA with a stipulation window would be fix by closing. Seller didn’t fix by closing & relist house. Do I have a case?
I am a novice real estate investor. The stated closing date in the purchase agreement was October 3rd. The house had a broken front window. I had an addendum stating the window would be fix by closing. The window wasn’t fixed until October 14th. I told the agent that I wanted to close on November 1st, since the last closing date was missed. They refused. The seller’s real estate agent/broker stated we are “out of contract” and relisted the house for $50K. They’ve had my EMD since July 6. The purchase price was for $40K. Do I have a case to sue for lost damage as a buyer.
A: You may have an action against the seller if the addendum is detailed and signed by both parties. If the window repair is required and they failed perform, then it seems that they are breaching the contract. Still, A real estate attorney would need to review your purchase offer before pressing your case forward. See www.provenresource.com.
Thomas. R. Morris agrees with this answer
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