CATEGORY: Landlord/Tenant

TITLE: Landlord Forcing A Tenant To Install A Pool Barrier Could Be A Fair Housing Violation

FACTS: The landlord refuses to install a pool barrier, contending that if a tenant has children, then the tenant should pay for the pool barrier.

ISSUE: May the landlord shift the expense of the pool barrier to the tenant?

ANSWER: Probably not.

DISCUSSION:

Forcing the tenant to pay for the pool barrier is likely a fair housing violation.  The landlord’s position has the effect of charging more money to a tenant with children than a tenant without children.  This differing treatment – depending on familial status – is likely a fair housing violation.


CATEGORY: Contracts (Inspection/Buyer Disapproval)

TITLE: Buyer May Cancel “As Is” Transaction During Inspection Period If Warranted Item Is Deemed Unsatisfactory

ISSUE: Can the buyer cancel the Residential Resale Real Estate Purchase Contract (“Contract”) during the inspection period based on non-working warranted items even  if the parties executed an As-Is Addendum as part of the transaction?

ANSWER: Yes

DISCUSSION:

The buyer waives the seller’s warranties section in Section 5(a) of the Contract by signing the As-Is Addendum.  Therefore, the seller has no obligation to make any repairs to ensure that heating, cooling, mechanical, plumbing, and electrical systems (including swimming pool and/or spa, motors, filter systems, cleaning systems, and heaters, if any), free-standing range/oven, and built-in appliances are in working condition at the earlier of possession or close of escrow.

However, the As-Is Addendum does not alter the inspection rights in the Contract.  Accordingly, the buyer may elect to cancel the Contract during the inspection period if a warranted item is determined to be unsatisfactory.

Back to the Legal Hotline Q&A