Legal Question in Real Estate Law in California
We recently purcharsed a home in which the Seller signed an admended Escrow Instruction Agreement during closing which states, "Escrow holder is hereby authorized and instructed to record this escrow with the outstanding item on the City of Inglewood, Building and Safety Presale Inspection Report stating the windows need to be permitted. Seller herein agrees to obtain the necessary permits for said windows, at the Seller's expense, and will furter obtain necessary documents from the City of Inglewood to show windows to be permitted."
According to the City, two windows need to be replaced to be able to meet the Egress requirements (Guidelines are minimum of 20x24 inches with a minimum of 5.7 square feet area).
The Seller did obtain the window permits but when he submitted his plot plan, he put down that he wanted to install 48" high windows, which would mean that he would have to break the stucco and interior walls of our home to be able to install new windows.
We communicated to Seller thru his agent PRIOR to him ordering windows that the 48" was not necessary to meet the guidelines provided by the City as we already have two side by side windows that could be combined into one that would meet the City Egress requirements. Also we did not wish to have our stucco broken, have possible lead paint contamination, and end up with windows that are different sizes. There would not be any additional cost to modify the permits with the City and we even offered to repay the Seller for the restocking fee of windows or he could give us the exact amt needed for the windows and new permit and we�d handle it ourselves. He in turn told us that we could either take the windows he already purchased or take $500 and sign a waiver relieving him of responsibility. (We had two estimates done and the price for the two windows/labor/permit would be approx $1,700 - $2,200)
Do we have a case if we were to take him to small claim court?
1 Answer from Attorneys
That was a really terrible addendum. It doesn't require him to have the windows done at all, just get the permits. It appears the work is on your dime.
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