Question:
Who is responsible for the repair of the property AFTER the closing, the previous owner or the new owner? Also, if the previous owner SAID he would make a repair, but fails to do so, and the closing has occurred, who is responsible for the repair.
Answer By William Bronchick:
Once title passes, the previous owner has no responsibility for repairs unless he expressly agreed to do so or failed to disclose a latent defect that he knew or should have known about. An oral promise to perform repairs
is difficult to prove. The contract should state that the seller agrees to perform certain repairs after closing. Such a clause should also contain the requisite verbiage, "the provisions of this paragraph shall survive closing of title." Otherwise, all promises contained in the contract are said to "merge" with the closing of title.
Disclaimer: The foregoing is not intended to be given as legal, financial or tax advice, but intended for instructional use only. If you require legal, financial or tax advice you should seek the assistance of a qualified professional.
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