Legal Question in Real Estate Law in California

Re: purchase repairs not met properly

A home purchase could theoretically be set aside for fraud, and that's about all. The fraud would have to run to a substantial and material matter in order for a court to grant the remedy of rescission (cancellation) of the deal. A more usual remedy would be money damages. The fact that the repairs were once a condition of closing and the condition was not met does not in itself make the transaction void or voidable, since you waived the condition by proceeding to closing, but if your waiver was obtained by actionable fraud, a court could grant rescission based upon the fraud.

Re: purchase repairs not met properly

Of course the sale would be binding, but you will have a claim for damages for whatever value is involved in doing the repair at this point. I am assuming it is not a major repair or else why would you not have noticed the absence? In addition, were the repair "truly" a prerequiste to the purchase, then it would have been an issue in escrow requring verification prior to escrow closure.