In this case, a contractual obligation is being breached. Hopefully, your contract shows that all of the current provisions in your contract survived the closing. And, therefore, the cost of whatever they were supposed to do but didn’t do, would be your damages.
As attorneys, we know when something hasn’t been addressed according to the contract. It’s best if the buyer inspects the house before closing to ensure that all items in the request to remedy have been completed.
If they haven’t, then, you have several options. One option is to hold up closing to get it done, and another option might be to get the money back from the seller, so in the event that it doesn’t get completed the money is there to actually fix the issue.
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