New York, NY asked in Real Estate Law for Alaska

Q: We have a property that was sold owner contract. They are letting the property go to disrepair. Legal recourse?

The roof is leaking and the electric has gone out in parts of the place. We unfortunately didn’t include keeping the place in good condition in the contract. Can we force to make repairs?

Related Topics:
1 Lawyer Answer
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If the contract for the property sale did not explicitly state that the buyers are required to maintain the property in good condition, your options for legal recourse may be limited. Alaska property law generally leans on the written agreements between parties. However, some general principles of contract law or real estate law could potentially be invoked to require the new owners to maintain the property. For example, the doctrine of "waste" might be applicable if their actions are significantly reducing the property's value. Furthermore, local housing codes or statutes might require them to maintain the property to a certain standard.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.