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Dear Forms Committee: A seller agreed to a pest control treatment requiring insulation removal, but doesn’t want to pay to reinstall new insulation. Can you point me to the lines in the contract stating that sellers must restore the property to the condition it was in before the repairs are complete?

Section 14 (4) of the Sale Agreement includes the seller’s representation that, when the buyer is entitled to possession of the property, it will be substantially in the condition it was in when the seller accepted the offer. Because insulation was in place at the time the buyer made the offer, it must be in place when the buyer takes possession of the property.

The repair addenda, OREF 022A – Buyer’s Repair Addendum, and OREF 022B – Seller’s Repair Addendum, further support this idea by providing the buyer with the assurances that the work must be performed in a workmanlike manner and in accordance with all applicable laws, codes, and ordinances. Any work that does not comply with those standards must be corrected.

As with all contracts, if the seller refuses to comply, the buyer would need to seek recourse through legal action. In the case of OREF Sale Agreements, the Dispute Resolution provisions of the Sale Agreement would be available to the buyer.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.