Legal Question in Real Estate Law in Texas

Seller not meeting agreed upon terms of sale.

I am a first time home buyer and recently put a bid on a house. A contract was singed and an ammendment was added that stated the central-airconditioner must be in proper working order by the day of closing. Upon inspection a leak was discovered in the AC and I'm approaching my closing date. The airconditioner has not been fixed and most likely will not be by the agreed upon closing date. What legal action, if any, can I take to at least get my earnest money etc... back. Or must I simply walk away?


Asked on 6/26/00, 8:10 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Seller not meeting agreed upon terms of sale.

Why walk away? A simple AC leak would not seem to be an insurmountable defect. I recommend getting an estimate for repair or replacement and withholding that amount at closing. You can save the sale and get the AC repaired.

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Answered on 9/05/00, 3:30 pm


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