Legal Question in Real Estate Law in Indiana

We have a contract on a house i IN. Upon the house inspection loose/damaged tiles were found in the shower. The inspector said that there is a potential for water damage if there was not already but was unable to tell the extent without removing the tiles. We requested that the seller fix the problem and they came back saying that they had a contractor look at the tiles and said there was no problem. We requested documentation from the seller that stated this. They have refused and will do nothing about it. Do I have any legal grounds to break the contract and have my earnest money returned since this has the potential to be a major problem?

Our contract states that "if the buyer reasonably believe that the inspection report reveals a DEFECT with the property (under IN law "defect means....or that if not repaired, removed or replaced would significantly shorten or adversely affect the expected normal life of the premises) the the seller is unable or unwilling to remedy the defect to the buyer's reasonable satisfaction, the buyer may terminate this agreement".

Opinions?


Asked on 11/16/11, 10:51 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

Whether or not grounds would exist to terminate the contract would depend on whether or not faulty shower tiles would fit within the definition of "DEFECT". It would be best to consult with an attorney and get his advice before acting on your own to terminate the agreement.

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Answered on 11/16/11, 5:11 pm


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