Posted by CaliforniaKid on March 05, 2005 at 12:17:51:
The termite contorl was part of the original contract and was signed on by both parties. When the inspector notified my father of the sewer line issue, my father asked the seller to fix it or credit 6,000 dollars, the dealer countered with a credit of 5,000 dollars but they would not fix the termite problem.
Seller Refuses To Pay for Pest Control, Backs Out - Posted by CaliforniaKid
Posted by CaliforniaKid on March 05, 2005 at 01:20:00:
My father recently decided he wanted to buy a house. There was a sales contract made both parties agreed and signed. When the house was inspected it was noted that it was in need of termite control. The seller agreed to take care of the problem. When the inspectors came in they noticed that the sewer line needed work. They estimated it needed 6,000 dollars worth of work. When the seller was notified of this he agreed to credit my father 5,000 dollars but refused to pay for the termite control. Now he wants to back out of the deal, it just went into escrow.
What rights is my father entitled to? Is the seller obligated to sale the house and take care of the problems? What should my father do in this situation.
Any amount of help would be appreciated.
Thanks In Advance.
Pest contract and sewer line - Posted by Natalie-VA
Posted by Natalie-VA on March 07, 2005 at 13:50:10:
Sounds to me that you had a ratified contract and then the seller agreed to pay for the termite treatment. Did the seller agree to this in writing? If so, then he is obligated to take care of it.
Regarding the sewer line problem, unless you had another contingency in the contract, I don’t think the seller is obligated to make any further repairs unless you can prove he knew about it and didn’t disclose it.
Your Dad might be stuck in this contract. Ask a local attorney to review it (I am not an attorney). Maybe your Dad has a financing contingency. If so, you can let the appraiser and lender know of the problem and they can kill the sale by not giving the financing.
Re: Seller Refuses To Pay for Pest Control - Posted by Jimmy
Posted by Jimmy on March 05, 2005 at 09:06:38:
the answer may be state-specific or locality-specific. if there are code violations, the seller amy be obligated to fix them. I can’t know this, so my answer is generalized contract law
did the seller agree, in writing, to pay for the pest control? In other words, did you counter him, and did he accept the counter? From your description, it appears he did. so far, so good.
did your father send a counter-offer re: fixing the pipe? or did he make a phone call? it makes a difference. if he formally countered the seller, the old deal is off the table, and the seller is free to walk.
if your father countered with the pipe repair, and the seller re-countered with the $5000 credit, you have a live counter-offer from the seller, which you can accept, reject, or re-counter.
but you do not have a deal at this point.