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Questions about real estate purchase

San Leandro, CA |

I bought a house, as the termite report shows defects on the large side deck. Seller agreed to get it a fix, then we will have the termite company do a re-inspection. Those are put down on contract. However, what seller did was removed the whole deck, and rebuilt a very tiny one instead. It is not acceptable as it is not the original deck when we decided to buy this house. The escrow was closed and they are funded. what options do I have?

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Attorney answers 3

Best Answer

Depending upon the terms of the contract, you might have a claim for breach of contract against the seller. It is not clear why or when you closed escrow under such circumstances.

If your purchase contract was a California Association of Realtors (CAR) form, you should demand mediation with the seller. Demanding mediation (regardless of whether or not mediation actually takes place) is a prerequisite for recovery of attorney's fees.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


You should not have closed escrow. Now that you have, you can still bring a claim for breach of the agreement. Contact a local real estate attorney for a consultation.


It is unclear from your description why escrow closed when the work was not performed according to your agreement. Normally in California the buyer uses a C.A.R. Request for Repair form, and it is the buyer's responsibility to ensure these repairs are completed prior to closing escrow. Did you inspect the property prior to closing to ensure the work was completed? Did you sign a Verification of Property Condition form? Most escrow companies will not close escrow without this form being signed by the buyer. You may still have a cause of action for breach of contract against the seller, depending on the facts. Contact a local real estate attorney in your area for a consultation regarding your particular facts and circumstances.