FACTS: In the Buyer’s Inspection Notice and Seller’s Response (“BINSR”), the buyer requested that the seller install an anti-backflow device on the sewer because of the lot topography.  The seller agreed and signed the BINSR accordingly.  Thereafter, the seller hired a plumber to do the work.  The plumber opined that an anti-backflow device was not required because the grade was in fact appropriate.

ISSUE: Is the seller obligated to install the anti-backflow device on the sewer?

ANSWER: Yes.

DISCUSSION: 

The seller agreed in the BINSR to install the anti-backflow device.  He is therefore contractually obligated to do so regardless of the opinion of the plumber.