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Clay777

07:23PM | 07/30/04
Member Since: 07/29/04
4 lifetime posts
Bvrealestate
Any timely advice on the following situation is greatly appreciated:

As the buyer, I am currently in a contract to purchase a condo for $66,000 and the seller is to pay $2,000 towards closing. The seller has agreed to this and has signed the contract.

Upon having the property inspected it was determined that the A/C needed servicing. We presented this to the seller (along with other things that needed fixing). He agreed to fix everything on the list, and said he was going to 'replace' the air conditioner, but then stated that he was not going to pay the $2,000 toward closing costs.

As it turns out, the same phone call that we learned of the sellers intentions to replace the A/C, his realtor said ....'in fact he has already started.' Sure enough I drove by and a new unit had been installed. This is within 48 hours of us giving him the list of deficiencies.

Since he did that (and is now not going to pay closing), it sticks me with having to come up with $2,000 more that I originally did not have to come up with. Furthermore, perhaps I would have settled with having the current A/C unit 'serviced' (much cheaper) since I was going to buy a home warranty anyway. Now that option is gone.

In effect the seller is agreeing to fix something and then asking me to pay for it (only he's not asking, he did it).

It is common sense that a house with a broken A/C will not bring the same price as a house with an A/C that works properly.

He certainly did not advertise 'Condo for sale with A/C not working too good.'

When we negotiated and came to a meeting place on the price, it is understood to mean a house in sound mechanical order. Once discovered that the A/C unit needed servicing, I believe it to be the borrower's responsibility to fix it, and that he has no right to ask me to pay for it (outright or any other way - him backing out of paying closing).

At a bare minimum I feel he should have presented me with the option. 1. A new A/C or 2. $2,000 towards closing.

To make a point, I asked my realtor "Can he also put in marble floors and gold plate the bathtub and then tell me he wants $100,000 now?"

I don't want to back out of the contract. I want the seller to be held responsible to the original deal.

What do you think?
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