Question

A buyer has an inspection contingency in the offer to purchase that does not give the seller the right to cure. The home inspector finds a defect during the inspection. The buyer would like the seller to repair the defect according to the buyer's specifications. If the seller does not want to repair the defect as specified by the buyer then the buyer is no longer interested in purchasing the property. How can the buyer ensure that the seller repairs the defect as specified?

1) Include a clause in the offer to purchase that requires the seller to repair the defect as specified by the buyer
2) File a lawsuit against the seller for breach of contract
3) Walk away from the purchase and find another property
4) Negotiate with the seller to reach a compromise on the repair

Answer 1

To ensure that the seller repairs the defect as specified, the buyer can include a clause in the offer to purchase that requires the seller to make the specified repairs. If the seller refuses, the buyer can negotiate a compromise, find another property, or file a lawsuit for breach of contract.

Step-by-step explanation:

The buyer can ensure that the seller repairs the defect as specified by including a clause in the offer to purchase that requires the seller to make the specified repairs. This clause would outline the specific repairs that the buyer requires the seller to complete. If the seller refuses to make the repairs as specified, the buyer has a few options:

1. Negotiate with the seller to reach a compromise on the repair: The buyer and seller can try to find a middle ground where the seller agrees to repair some aspects of the defect while the buyer accepts that not all of their specifications will be met.
2. Walk away from the purchase and find another property: If the buyer feels strongly about the specified repairs and the seller is unwilling to accommodate their requests, the buyer can choose to abandon the purchase and look for another property.
3. File a lawsuit against the seller for breach of contract: If the buyer believes that the seller's refusal to make the specified repairs is a breach of the contract, they may choose to take legal action to seek the repair or compensation for the defect.