Legal Question in Real Estate Law in Virginia

Purchase Agreement Addenda Question

I purchased a home in Nov. of 2003. The seller is a builder and agreed to purchase the home I was living in at the time if I agreed to purchase hers. The terms were agreeable to me and we went for it. The house was in need of some work due to a recent hurricane. We signed an addenda to the purchase agreement in Nov. of 2003. At that time i wrote in that the repairs must be made prior to closing. We closed in March of 2004, some of the repairs were not completed or done to my satisfaction. I have some leverage monetarily over the seller in that we agreed to split the cost of a new roof for the house. I have been holding the funds until such time all repairs are complete. The issue currently is the gutters, they were piece mealed together out of existing damaged parts and some new pieces - long story short they do not work properly. I have asked a gutter contractor to look at them and he strongly recomends they be replaced with the right material and installed correctly. The seller says the only thing wrong with the gutters is they are full of pollen and debris. Can i use the fact the repairs were not completed by the time indicated on the addenda and claim the addenda null and void?


Asked on 6/08/04, 3:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Purchase Agreement Addenda Question

The answer to your question turns on what you mean by "repairs" and whether the gutters should be included among the repairable items to be charged to the seller under the terms of the contract which you and the seller executed in order for you to complete the purchase of the house.

And based upon the facts which you've provided thus far, I simply couldn't say.(And court action to resolve this matter could be quite expensive.)

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Answered on 6/09/04, 7:40 am


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