Agreement

You have asked for $12,935 in repairs, and they have offered you $7000? The difference is $5,935? How much is that as a percentage of the purchase price? Is it even more than 1%? For that, don't risk losing your closing date, your move in date, or your loan. If after you move in, you still feel really strongly about it, you can always try to get them to reimburse you, then. Check your contract. It might require mediation before arbitration or a lawsuit. This is a good case for mediation. If arbitration is not required, you can still ask them to agree to arbitration. It will be faster and cheaper than a lawsuit. If that doesn't work, you can sue them in small claims court for up to $10,000. One odd part of choosing small claims court is that you as the plaintiff cannot appeal. The defendant can appeal and automatically get a whole new trial, and the second time lawyers are allowed. Don't be in a hurry. After you have lived there for a few months, you might find other undisclosed and previously undetectable defects. It's still a tough case. The general rule is all agreements and amendments regarding a real estate purchase must be in writing. There are some exceptions. One is where you do something to your detriment or cost in reliance upon the other side's oral agreement, and they knew it. They might try to say they never agreed. They might argue that you waived the claim by closing escrow. They should lose that last defense, but you never know. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack