Question
Reese Aherns signed a contract to purchase a mountain home from Mr. and Mrs. Jack Johnson. The contract included the following condition (hand written in
Reese Aherns signed a contract to purchase a mountain home from Mr. and Mrs. Jack Johnson. The contract included the following condition (hand written in an addendum signed by both parties): home from Mr. and Mrs. Jack Johnson. The contract included the following condition (hand written in an addendum signed by both parties):
Closing is subject to buyer's inspection of property by him and his designated specialist and complete satisfaction of specialist with property condition.
Aherns's specialist inspected the property and said he thought the roof would need to be replaced in a few years. He also felt some wood near the front of the cabin should be replaced. Aherns demanded that the Johnsons fix these items or he would not close. The Johnsons maintain they did not agree to any repairs; the condition was for Aherns' protection so that he could opt out of the agreement. Aherns has threatened to sue for breach of contract. Who should win?
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