Legal Question in Real Estate Law in Massachusetts
Purchase & Sales agreement
I am selling my home that needs repairs, which the buyer is aware of. On .P&S Item#8 his lawyer writes.
#8 Between the date herof and the closing. Seller shall maintain and service the building and its appurtenances at a rasonavle lever of effort and expense and shall promptly notify Buyer of andy problems or repair issue.
Q. Doesen't this hold me responsible for any and all repairs that he already knows about or that even I cannot foresee?
Please try and snswer quickly, because I am about to lose out on a home that I am purchasing.
Thank you so much.
2 Answers from Attorneys
Re: Purchase & Sales agreement
From the sound of your question you don't have an
attorney representing you in this closing. If you
do, you should ask this question of him or her.
It's very important to have counsel for this
transaction. Here's why: Any document you sign,
whether its the Offer to Purchase or the Purchase
and Sale Agreement can bind you in the sale of
this property. Also, in Massachusetts the SELLER'S
attorney prepares the P&S, not the buyer's lawyer.
He or she will also will prepare your deed and
attend the closing. (Had you thought about how you
would draft the deed by yourself? If the buyer's
lawyer offered to do it, you are taking a chance).
Get an attorney and show him or her the question
you have. Good luck.
Re: Purchase & Sales agreement
I agree with you that this clause could be interpreted to make you repair everything. A "reasonable level" is too ambiguous given the current level of repair. I suggest you ask to delete this paragraph.
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