If the roof is in bad shape, and the Buyer lacks funds, but the Seller will agree to replacement what type of clause would work?
You need to address several issues:
- Work will be done
- Buyer will approve roofing company
- There will be a 25 year Warranty
- The Warranty will be transferred to the Buyer
- Seller will prove payment
- Holdback if necessary
Consider the following clause:
“The Buyer and Seller agree that the Seller shall arrange to have the roof shingles replaced by a professional roofing company to be approved by the Buyer, at the Seller’s expense, before closing. The roofing company shall provide a 25 year Warranty which is transferrable to the Buyer on closing.
The Seller shall provide proof of payment and the transferrable Warranty on closing, failing which the Buyer shall withhold the sum of fifteen thousand ($15,000.00) from the closing funds pending resolution.
This provision shall not merge, but shall survive the closing of this transaction.”
Personally, it would be my preference to have the Buyer deduct the appropriate value and proceed with the necessary repairs after closing.
Brian Madigan LL.B., Broker