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Seller did not perform within the time period as per real estate contract
Tacoma, WA
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Posted 20 days ago in Contracts / Agreements
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Seller agreed on addendum that he will complete all the repairs/replacements and improvements within 5 days of addendum agreement date but seller and his agent did not even start the work until 5th day.
To give accurate dates agreement was on 24th october 2009 which was Saturday and they did not start the work until Nov. 2nd 2009. What can we do for this non or delayed performance. Can we sue them for breach of contract? We agreed for all repairs within 5 days because we wanted to take advantage or tax credit dead line 30th nov. 2009 now if its not extended than we are not in position to close before nov. 30th 2009. Irrelevant whether we get the credit or not we want to take action against seller and we want to what possibly we can get from seller. Can we ask them we will take them to
Additional information
We know we can walk out of the deal but that's not what we are asking ...we want to know if we can take any legal action against non performance and breach of contract? indirectly we want to ask them for more repairs if they want to avoid facing charge of breach of contract Answers (2)
Shawn B Alexander
This attorney is licensed in Washington.
Posted 20 days ago.
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Without reading the contract, I would guess ( and that is all it is) if the repairs are not complete, you will have a right to extend the closing or rescind your offer and get your earnest money back.
Talk with your agent and make the agentask what they are willing to offer to keep this now dead deal, alive? Good Luck 
Mark Randall Arend
This attorney is licensed in Washington.
Posted 17 days ago.
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From the information you provided above, it appears your sale has not closed, the terms are certain, and the seller is already in breach of agreement as per the terms on the written addendum.
As such, this is a good opportunity to decide if you can trust the seller going forward. If you can't trust your seller you should back out of the purchase. If you can trust your seller, there is a chance to salvage this transaction. If you still want to go ahead with the sale, then consider how you'll be "damaged" by this breach. If you'll incur additional tax consequences as a result of the delay, ask the seller to discount the price in an equivalent amount. If the seller will not, you should walk away from this purchase. If the seller will discount the price in an equivalent amount, they've essentially "settled" for the same amount you would likely be able to recover in a lawsuit for the "damages" you may have incurred. Open dialogue between you and the seller regarding what both of your intentions are with the purchase and sale at this point will be the best way to determine what your next most prudent step will be. Good luck. Mark Arend
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