Legal Question in Real Estate Law in Georgia

Lease/Purchase Agreements

Under a Lease for Lease/Purchase Agreement, who is responsible for household pests? Contract states that landlord is responsible for ''Pest Control'', broker states that this means termites and wood boring insects, not household pests. Tenant disagrees. Also, contract states that ''carpets are to be cleaned & deodorized to remove all odors prior to occupancy.'' Seller had carpets cleaned once and deodorized twice. Buyer took occupancy prior to cleaning and now contends breach of contract because odor still remains. Final addendum to the Lease/Purchase states that purchaser agrees to buy property ''as is, and request no further repairs from seller.'' No language exists re carpet replacement or what if odor cannot be removed after every reasonable effort has been made. Seller feels they have completed their obligation to the contract. Is this correct?


Asked on 6/13/05, 6:21 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Lease/Purchase Agreements

I would need to review the entire lease, but it sounds like the landlord would be responsible for pest control, which would include the normal definition of "pest." Whether or not odors still exist can be a judgment call, but if the odor is readily apparent, it could be a breach due to the language "remove all odors."

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

Confidentiality Notice

This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

Read more
Answered on 6/14/05, 3:45 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Georgia