A written addendum to contract is needed to protect buyer’s interests
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Dear Mr. Feichthaler:
I recently signed a contract to buy a house that needs some work done. It has a few GFI outlets that require replacement and other electrical issues to deal with. I had a 10-day inspection period that will expire in a few days. I told the seller that they need to be fixed prior to closing at the end of the month, and he said he would. Since I told him about the issues prior to the expiration of the inspection period, am I covered?
--Aubry W.
Dear Aubry:
The inspection period in a standard contract allows you the time to determine, in your sole and absolute discretion, whether the property is satisfactory. You have made an inspection and determined certain items require repair or replacement prior to closing. As with any contract, you will want to be clear in the written contract what is re-quired. A verbal "OK" from the seller is not sufficient. Rather, a written addendum, signed by all parties prior to expiration of inspection, should be prepared detailing all items you want repaired. By making these repairs part of the written contract, any failure on the part of the seller could be a breach of contract.
Conversely, if there is nothing in writing indicating their obligation to make repairs, you may not be able to enforce their assurances that it would be fixed. Under Florida law, all real estate contracts must be in writing to be enforceable.
Your question, like so many others, demonstrates the importance of having a written contract that protects your interests. Any additions or changes after the signing of the original contract should always be in writing and signed by all parties. Good luck in your purchase!
Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.