Seller not honoring a signed addendum - what can be done?

We're 3 days away from closing and the seller had presented us with an addendum early on that said we would pay a certain amount of his late HOA fees and he would agree to do some things, such as fix a fist size hole in the wall of the garage (it'd be a stucco wall repair).

The guy has been shady and untrustworthy this whole time and while he said he came by this past weekend to collect his belongings and make the needed repairs, he did not patch the hole. At the time of the addendum, he pretty much said he wouldn't sell us the house unless we agreed to sign the addendum.

My realtor mentioned we'd give him a cure notice - but I don't think this will even change the seller's mind. I feel he is thinking "oh well if I don't sell to them I at least get to keep my house from going into foreclosure for another few months." I have a feeling we'll just have to bite the bullet and accept that he won't patch the wall, but are there any other steps we can take? At this point in the process, what would happen if we decide not to pay the HOA fees since he didn't honor his end of the bargain?

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  • Anonymous
    8 years ago
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    The key is that do you really want this house. As you said seem like the seller doesn't care if the house sell or not

    Personally I hate having the seller handle repairs unless they are required like in an FHA deal. Much better to credit back money for repairs at close

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  • Anonymous
    8 years ago

    Have the trust company hold back enough of the payoff to cover the cost of repairs.

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  • 8 years ago

    Revise the addendum, make changes show it to him, have him sign it. Otherwise wait till he is foreclosing or look elsewhere, sorry there isn't much you can do.

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