Legal Question in Real Estate Law in Colorado

Defaulting on Contract

My wife and I purchased a home in December. In our contract, from the inspection report, it states A/C lines to be fixed and unit to brought to ''operable'' status. We turned it on for the first time this week, it doesnt work. The seller and his realtor are refusing to pay for repairs/replacement saying that its ''tough crap'' and its all on my wife and I. So because i have a contract stating it needs to be operable, yet it was winter so we couldnt test it, what leg do i have to stand on? Can i fight this in the legal system? Do i go after the seller or the company he paid to do repairs? I just need some advice, this is our first ever home purchase and we really dont know what to do.


Asked on 6/08/08, 1:01 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Defaulting on Contract

Contracts are enforceable according to their terms. That's why agreements are put in writing. Whoever signed the contract is responsible for fulfillment of the terms. If the contract reads as you say, then the seller owes the repairs. Consult a lawyer in your area. Your remedy may be small claims court, as obviously informal measures have been ineffective.

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Answered on 6/08/08, 9:46 am


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