Legal Question in Real Estate Law in California

The seller is asking us to pay more money because he doesn't want to pay for certain repairs to the house he is selling. We already signed contract 2 weeks ago agreeing to $39,900 - his full asking price. Now he wants $800 more because he wants to make a better profit on selling his house. Can he legally do this? I received escrow papers today that state our original agreed price.

Asked on 3/10/14, 5:29 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Your written contract that was agreed upon determines the purchase price. You have that in front of you, and it should tell you who is responsible for what repairs, and what items are considered contingencies. You may want to consult in person with an attorney and have them review the contract.

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Answered on 3/10/14, 6:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The terms in the signed contract will govern if this progresses to litigation, but it might be quicker, cheaper and easier to relent and accept the proposed change without escalating the battle. The boundary between what's legally enforceable and what's a common-sense concession is often very fuzzy. Maybe this seller just needs to be told he's being a jerk.

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Answered on 3/10/14, 6:37 pm
Terry A. Nelson Nelson & Lawless

Assuming you mean you are the buyer and have a valid written contract with all the terms properly included, then the seller can't change those terms in escrow without all parties agreement. You wouldn't have to agree. But, see Mr Whipple's reasonable advice.

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Answered on 3/11/14, 11:57 am

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