Legal Question in Real Estate Law in Florida
What???
My husband and I sold a house in Florida and now live in NE (Military). The house had a hot tub which apparently was not working. In the contract we signed it stated it would be in working order at closing. When closing came we had tried a couple of things to get it fixed and they signed something stating we had another 30 days. In that 30 days we had a friend replace several things. We have an appointment for the spa store to come out and fix it today (They are over 2 weeks behind in appointments), but our 30 days was up on May 30. We received a letter from our buyers last night demanding we buy a new hot tub or they are going to sue us for breach of contract. Can we just get the hot tub working today or do we need to cancel the appt and buy them a NEW hot tub to replace a used one?
1 Answer from Attorneys
Re: What???
Unless your closing contracts (or attached letter) says something different, you're allowed to repair the hot tub, you are not required to replace it. It's extremely unlikely that they will be successful on their breach of contract suit just because you are a few days late in having the repair completed.