Legal Question in Real Estate Law in Georgia

I am currently under contracton a home, as apart of the due diligence period I asked the seller to have their insuance company send an adjuster to the home to check the roof as many in the neighborhood needed replacement. Seller agreed and stipulated that buyer was to take care of replacement of the rooof when we received the check from seller ie: organizing and hiring durring our ownership. We requested that the due diligence period be extended while waiting for the adjuster to examine the roof which we were told would happen within 7 days by the seller. Seller now sends over adendum stating that they would just replace the roof but we have to pay closing (original contract had no other concessions from seller and seller was paying 2500 in closing) and stated that we are now in as is agreement. I feel that we are not in as is due to the circumstanes and I also believe the seller has received money for the roof from his insurance. Due to 18-1 of our contract the money received while under contract belongs to the buyer. How do I prove he was given a check and are we in as is? My realtor says we need to go to closing on our predetermined date our we will lose our ernest money to them. I feel that seller is in breach of contract. Do I need to hire a real estate lawyer?

Asked on 9/14/09, 6:51 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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Your post is far from clear and does not even tell us what the contract actually says, so yes, you need to have a lawyer review it if you want a good answer. Of course, that might end up costing as much as what the dispute is about and if you are wrong, could cost you the deal and agent.

Answered on 9/19/09, 8:46 am

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