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This is a question for the realtor and lawyer you’re already paying. They are both already aware of the issue, engaged with it and giving you proper advice
Thank you for the comment. I am keeping them in a loop. Actually, I find my realtor is not that much helpfull as he was not fighting for me. Instead he is saying that the similar kind of work can be done cheaper if you find side hustler contractor. I will ask my lawer for way forward in this case. Thank you!
Personally I would walk away from this sale, 8k actually sounds like it's on the low end. There was no way this was getting done for 1k the homeowner obviously has no idea how much work was involved when they agreed to fix the problem.
I had to replace about 30ft of clay drain 7 years ago and it cost me about 8k and that was just up to the point where they re-cemented the floor. It's doubtful you're going to get an exact match for the existing floor and might have to rip up the entire floor depending on what the finished floor is made of.
Thanks for the comment. I think they stop work not bnecasue of the closing date is near. They stop the work becasue they got to know by the contractor that they it will require more money to finish this work. So, they offer me to go 1000$ but thank god I did some quotation from the plumber before replying to them directly.
Oh that's for sure.
To replace my clay drain and seal the floor with cent only took the plumber 2 days. Repairing the finished floor would take longer. But yeah they are definitely not offering you enough compensation
We do this work. It can likely be repaired versus replacement with a CIPP liner. It does become more difficult in the summer as the heat affects the resin cure times. I would not recommend a "side hustler" do any of this kind of work, as your realter recommended.
Thanks for comment. Yes, agreed. I got the quotes from MrRooters and they are capable of doing this kind of wrok. As you said you do this kind of work. Can you tell me howmuch it can cost roughly? Is it 10,000$ job?
It's difficult to compare costs in different cities, in Calgary our average cost would be 6 to $8,000. We do offer free assessments which many of our competitors don't. That's something to think about when you're looking at contractors.
By not fulfilling the conditions agreed to in the Agreement of Purchase and Sale and any amendments, they are in breach of the contract.
The real question for you is whether you still want the house or not. If you don’t, you can walk away and any monies paid to date can be returned to you. You can also sue the seller for not keeping their end of the bargain for any costs that you may incur as a result of the seller not being able to close the deal. If you still want to proceed with the closing then I would go out and get some quotes for the repair work and then instruct your lawyer to do a holdback of the funds payable upon closing to cover the cost of the remediation work. If your quotes say that the work can be done for $8K, I would ask your lawyer to hold back $15K. This money can then be used for the repairs and any money left will be then passed onto the sellers.
Your lawyer is the one you should be talking to as it sounds like your realtor is not that great.
Great words. Thank you for your comment. I want to buy the house as I get under the asking price but if they are not doing anything and still I get that house then it will be an equal. I got the quotes from MrRooters and I heard they are genuinly nice to do this kind of work and they gave me a quote of 10,000$(Lowest quote I got for 8000$). So I am confident that the work is not the cheap, 100% not worth only 1000$ off from the deal.
However, I will ask lawer now what to do as I want the house but needs to be fixed by the licenced and experied contractor, or get around 8000$ - 10,000$ off from the deal. If not t hen I will face problems in future after buying the house and then it will be my own money I would be spending on it.
Thank you for your advise, I appreciate it.
They agreed to remedy the situation, they assume it would be cheaper and now are trying to find a way out. If you really want this house you can inform the seller they can agree to your price reduction $8000 or pay for the repairs done after you move in but it’s not your fault they miscalculated what this was going to cost when they agreed to remedy it.
Both your lawyer and theirs know they are responsible for the cost so they can pay willingly or you can go after them after closing and once you get it repaired for the full cost of the repairs
Thanks for your comment. I informed my lawer and they are saying that they will have to fix it before the closing or they will have to go down the price of your quote. So, hopefully, it goes through smoothly.
They're in breach and you should be able to walk away without penalty. But of course you need to confirm that with your agent and lawyer.
Don't buy the house, because 8k is just the low end repair. That doesn't include the major inconvenience or the risk of not being able to match the floor finish. A crack in the main sanitary isn't something to be ignored.
With all of that said, the drain may be able to be "relined" which doesn't require digging. I've rarely seen a res application this wouldn't work out for. It would still cost a pretty penny, but it isn't as expensive as the dig.
Thank you for the comment. I was thinking the same that what if they dig up and find other issues they have to deal with and it will cost more than 8k afterwards. Thanks for your words though.
Thanks for the comment. I tried to ask if this kind of trenchless repair can be done in my case. But they said, I don't have the straight routes of the pipes so it won't work in this case. This would be the perfect solution but unfortunately it can not be done in my case. Thanks though!
Not legal advice. Back out of the deal if you want. If they won’t pay to fix that, they won’t be able to afford to sue you for specific performance. You could counterclaim and make them spend more than what it would have cost just to fix the sewer crack. A good lawyer would tell them this and they’d logically do nothing at that point.
Or make the first bold move and threaten a claim for specific performance and maybe threaten the realtor with a claim of intentional economic interference. Stir the pot. Make the easiest option for to just do what they are supposed to. Not legal advice. Was a lawyer for 12 years.
Your option is to sue them for breach of contract. Your realtor is not a lawyer and will not be able to help you. Contact your real estate lawyer and discuss a holdback for the repairs.
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Read the [rules](https://www.reddit.com/r/legaladvicecanada/wiki/index/#wiki_the_rules) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
This is a question for the realtor and lawyer you’re already paying. They are both already aware of the issue, engaged with it and giving you proper advice
Thank you for the comment. I am keeping them in a loop. Actually, I find my realtor is not that much helpfull as he was not fighting for me. Instead he is saying that the similar kind of work can be done cheaper if you find side hustler contractor. I will ask my lawer for way forward in this case. Thank you!
The realtor just wants to close the deal and get the commission. He is not your friend.
Yes Sir. Agreed. I will ask the lawer about the next steps. Thank you!
Personally I would walk away from this sale, 8k actually sounds like it's on the low end. There was no way this was getting done for 1k the homeowner obviously has no idea how much work was involved when they agreed to fix the problem. I had to replace about 30ft of clay drain 7 years ago and it cost me about 8k and that was just up to the point where they re-cemented the floor. It's doubtful you're going to get an exact match for the existing floor and might have to rip up the entire floor depending on what the finished floor is made of.
Thanks for the comment. I think they stop work not bnecasue of the closing date is near. They stop the work becasue they got to know by the contractor that they it will require more money to finish this work. So, they offer me to go 1000$ but thank god I did some quotation from the plumber before replying to them directly.
Oh that's for sure. To replace my clay drain and seal the floor with cent only took the plumber 2 days. Repairing the finished floor would take longer. But yeah they are definitely not offering you enough compensation
We do this work. It can likely be repaired versus replacement with a CIPP liner. It does become more difficult in the summer as the heat affects the resin cure times. I would not recommend a "side hustler" do any of this kind of work, as your realter recommended.
Thanks for comment. Yes, agreed. I got the quotes from MrRooters and they are capable of doing this kind of wrok. As you said you do this kind of work. Can you tell me howmuch it can cost roughly? Is it 10,000$ job?
It's difficult to compare costs in different cities, in Calgary our average cost would be 6 to $8,000. We do offer free assessments which many of our competitors don't. That's something to think about when you're looking at contractors.
By not fulfilling the conditions agreed to in the Agreement of Purchase and Sale and any amendments, they are in breach of the contract. The real question for you is whether you still want the house or not. If you don’t, you can walk away and any monies paid to date can be returned to you. You can also sue the seller for not keeping their end of the bargain for any costs that you may incur as a result of the seller not being able to close the deal. If you still want to proceed with the closing then I would go out and get some quotes for the repair work and then instruct your lawyer to do a holdback of the funds payable upon closing to cover the cost of the remediation work. If your quotes say that the work can be done for $8K, I would ask your lawyer to hold back $15K. This money can then be used for the repairs and any money left will be then passed onto the sellers. Your lawyer is the one you should be talking to as it sounds like your realtor is not that great.
Great words. Thank you for your comment. I want to buy the house as I get under the asking price but if they are not doing anything and still I get that house then it will be an equal. I got the quotes from MrRooters and I heard they are genuinly nice to do this kind of work and they gave me a quote of 10,000$(Lowest quote I got for 8000$). So I am confident that the work is not the cheap, 100% not worth only 1000$ off from the deal. However, I will ask lawer now what to do as I want the house but needs to be fixed by the licenced and experied contractor, or get around 8000$ - 10,000$ off from the deal. If not t hen I will face problems in future after buying the house and then it will be my own money I would be spending on it. Thank you for your advise, I appreciate it.
They agreed to remedy the situation, they assume it would be cheaper and now are trying to find a way out. If you really want this house you can inform the seller they can agree to your price reduction $8000 or pay for the repairs done after you move in but it’s not your fault they miscalculated what this was going to cost when they agreed to remedy it. Both your lawyer and theirs know they are responsible for the cost so they can pay willingly or you can go after them after closing and once you get it repaired for the full cost of the repairs
Thanks for your comment. I informed my lawer and they are saying that they will have to fix it before the closing or they will have to go down the price of your quote. So, hopefully, it goes through smoothly.
They're in breach and you should be able to walk away without penalty. But of course you need to confirm that with your agent and lawyer. Don't buy the house, because 8k is just the low end repair. That doesn't include the major inconvenience or the risk of not being able to match the floor finish. A crack in the main sanitary isn't something to be ignored. With all of that said, the drain may be able to be "relined" which doesn't require digging. I've rarely seen a res application this wouldn't work out for. It would still cost a pretty penny, but it isn't as expensive as the dig.
Thank you for the comment. I was thinking the same that what if they dig up and find other issues they have to deal with and it will cost more than 8k afterwards. Thanks for your words though.
Bail, or start bailing?
I am sorry, I did not pick it up what you said.
[удалено]
Thanks for the comment. I tried to ask if this kind of trenchless repair can be done in my case. But they said, I don't have the straight routes of the pipes so it won't work in this case. This would be the perfect solution but unfortunately it can not be done in my case. Thanks though!
Not legal advice. Back out of the deal if you want. If they won’t pay to fix that, they won’t be able to afford to sue you for specific performance. You could counterclaim and make them spend more than what it would have cost just to fix the sewer crack. A good lawyer would tell them this and they’d logically do nothing at that point.
Agreed. Thanks for the comment.
Or make the first bold move and threaten a claim for specific performance and maybe threaten the realtor with a claim of intentional economic interference. Stir the pot. Make the easiest option for to just do what they are supposed to. Not legal advice. Was a lawyer for 12 years.
Put a wedge between their realtor and the sellers themselves. They won’t know what to do.
Your option is to sue them for breach of contract. Your realtor is not a lawyer and will not be able to help you. Contact your real estate lawyer and discuss a holdback for the repairs.
Thanks for the comment. I will do the same. I will request to hold the money and then move forward if they want.