Also known as: repairs · repaired · repairing · maintenance · fix
Written by attorneys · grounded in primary & secondary sources — see below
To restore property to sound condition or operational readiness. In contracts and leases the obligation to repair arises when a party has expressly or impliedly promised to maintain the property and the failure to perform creates liability for resulting harm.
Rosa Ruiz purchased a home from Riverfront Developments. The purchase contract required the seller to repair the roof before closing, but the deed contained no such promise. After closing Rosa discovered the roof still leaked. Because the contract merged into the deed, Rosa cannot enforce the repair obligation through a breach-of-contract action.
Rhapsody Entertainment operates a chain of concert venues across several states. Congress enacts a statute regulating the repair and maintenance of stage equipment used in interstate performances. The law is upheld as a valid exercise of the commerce power because it addresses activities that substantially affect interstate commerce.
Select any source to read its text and confirm it supports the definition.
Rachel Ramirez leased an apartment from Rocky Mountain Mining. The lease required the landlord to keep the heating system in repair. After the landlord failed to fix a known defect, a tenant's guest suffered burns. The landlord is subject to liability because the disrepair created an unreasonable risk that performance of the repair promise would have prevented.
Ryan Roberts, an Illinois resident, purchased an insurance policy covering repair costs for equipment used in his Indiana business. When a dispute arose over coverage for repairs, the insurer was subject to specific jurisdiction in Indiana because the policy was solicited and maintained with a forum resident and the suit arose directly from that contact.
Rowan Russell applied for a loan to repair her home. The lender refused because of the racial composition of the neighborhood. The refusal constitutes a prohibited residential real-estate-related transaction under the statute that expressly includes financing for repairing a dwelling.
After divorce Regina Robinson and her former spouse signed a separation agreement requiring her to pay for all future home repairs on the marital residence. The court found the agreement unconscionable because it imposed an open-ended obligation far beyond any reasonable allocation of resources and ordered revised terms for property disposition and support.
Yes. When the buyer accepts the deed the contract merges into the deed and unperformed repair promises not contained in the deed are discharged unless an exception such as fraud or a collateral agreement applies.
A landlord is liable when the lease or other agreement contains a promise to repair, the disrepair creates an unreasonable risk, and the landlord fails to exercise reasonable care to perform the repair obligation.
Yes. A deliberate contact such as issuing and maintaining an insurance policy covering repair costs with a forum resident can establish specific jurisdiction when the suit arises out of that contact.
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