QUESTION

I am purchasing of a home in Florida there was a patch on a crack in the pool which the seller agreed to fix in the contract

Asked on Feb 20th, 2014 on Residential Real Estate - Florida
More details to this question:
We have come to learn the company the Seller stated would fix the leak does not do structural repairs. The Seller is now saying that the patch is the fix. When I do the final walk through if the pool level is down can I place the "fix" costs in escrow ? My realtor is telling me since we did not ask for a permanent fix or a guaranteed fix we accept the pool the way that is is which I believe is incorrect? Please advise.
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1 ANSWER

You’re in a tough spot.  The realtor could be correct; however, it all really comes down to how “fix” should be legally interpreted.  Is a patch enough to be considered a “fix” and therefore you agreed to it?  Or, as you (and I’m sure most buyers would) see it, fix means a permanent fix?  Of course, if you do the walk through and the pool level is down, arguably, it doesn’t matter because the patch is not working as a temporary or permanent fix.  Practically, here’s the issue – if you back out due to the pool, your contract probably states that your escrow goes to the seller (and may even allow for some other damages).  That said, there’s a consideration as to how much it is going to cost to fix the pool.  Ideally, you would be able to negotiate this fix into the contract.  Keep in mind, too, that the realtor wants the deal to go through because even though he’s “your” realtor, he probably gets at least half of the commission.  Legally, keep in mind that to “win” this argument means a lawsuit and having the court agree with you that the Seller failed to live up to the contract (breached it) and therefore, you’re owed your money back.  I would advise contacting a local real estate attorney to review your contract and discuss the details, and perhaps negotiate a resolution for you.
Answered on Feb 20th, 2014 at 11:28 AM

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