Legal Question in Real Estate Law in Massachusetts

Buyers recourse for problem not properly repaired

During our home inspection, a problem with our circuit breaker box was identified. Water was leaking into the box and had rusted some of the breakers. The seller agreed to have it repaired and we put in the P&S that it must be repaired. The seller produced a letter prior to close from an electrician indicating it was fixed. 2 months after the close, during a heavy rain, we noticed water leaking out of the circuit breaker box. After contacting the seller and having the seller's electrician and our own inspect the box it was determined that the only repair he made was to replace the rusted breakers and nothing to prevent the leak. Basically the symptons were repaired and not the cause. The seller agrees that nothing was done to repair the leak but refuses to pay for the repairs ($2000) saying it is too late because we already closed, do we have any recourse?


Asked on 10/08/04, 3:48 pm

1 Answer from Attorneys
Len Foy NH Residential Title & Escrow

Re: Buyers recourse for problem not properly repaired

Hello and Thanks for Writing -

As I understand your question the person or persons who sold you your home had promised to repair a water leak near a utility box, and they had promised to do so in writing, but as it stands they only did a quick fix and the leak (and the underlying problem: blown fuses, circuits, etc.) remains. And you're wondering if you have recourse - the answer is YES, you do have recourse.

Begin with a letter (preferably from an attorney), setting forth your position (breach of contract - the contract being the purchase and sale agreement) and make formal demand for compensation (the compensation should be a fair estimate of your "damages" - which might include the $2,000, and other costs or expenses associated with the defect, maybe your attorneys fees, court costs, etc.). If they don't respond favorably to your demand then file a legal action in the district court, again you should use an attorney, or maybe you could maintain a small claims court action against the seller.

My name is Len Foy and I'm an experienced real estate attorney practicing in both Massachusetts and New Hampshire. For a free initial consultation just call my office at (603) 434-9910, or send me an email. I wish you good luck resolving this matter - and thanks again for writing.

Regards,

Leonard W. Foy III, Esq.

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Answered on 10/09/04, 9:07 am


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