Eric P. Feichthaler

Mr. Feichthaler:

I signed a contract (standard as-is contract) to sell my home back in November. The contract noted that I was in the process of replacing the roof due to the hurricane, and that closing would occur 14 days after completion. The roof was completed last week.

During the roof replacement, we had a big rain that caused some water to get in, and stained the ceiling in one of our rooms. The next day, the roofing contractor fixed this, and it has held all water both before and since the shingles went on. Now, the buyer is saying they don’t want to proceed until there is proof the roof is fixed, damage mitigated in the attic (if any?) and the entire room painted. Am I required to do this? What if I refuse? I am very worried this will not close next week, and I need the money for my new house, which is closing a few days later.

– Brian S.

Dear Brian:

The hurricane should have been the end of the damage, but it was more like the beginning for several of my clients. As time goes on, particularly when repairs are delayed due to contractor and inspection delays, additional damage can occur. Your situation is common, and there should be no reason for this transaction to fail.

The buyer has an expectation of purchasing the house in the same condition as it was when the contract was signed. As noted, you referenced the new roof in the contract, so that will be of no surprise to the buyer. If you have not already, explain the situation to the buyer, that some water did enter during the re-roof. If your roofer or an inspector can confirm no permanent damage in the attic, this should be sufficient to give the buyer comfort in the roof going forward.

As for the ceiling, I understand why the buyer may be upset. However, this minor issue may not provide a legal basis to cancel the contract. While always cognizant of the law, I always counsel clients to proceed in a practical manner. You need to close next week, and this ceiling issue may jeopardize that. A lawsuit to enforce your rights is likely not what you want, even if you are “right.”

You likely can get a painter to come in quickly to paint the room. In the alternative, you can offer a credit at closing, allowing your buyer to choose the painter and paint they wish at a later time. Given your time constraints, the credit option would be most beneficial to you under the circumstances. If you do proceed to offer a credit or paint it prior to closing, you will want to obtain a signed addendum from the buyer, which accepts the credit or painting, and states there are no further contingencies to close. Even when dealing with the most challenging parties, agreements can almost always be reached to complete a transaction. I wish you the best in yours staying intact and closing on-time.

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.