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​What happens If the seller doesn't follow through on agreed inspection repairs? Naples Real Estate

10/31/2019

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​What Happens If the Seller doesn't follow through on agreed inspection repairs?
These days, most buyers will complete a home inspection by a licensed inspector. Following the actual inspections, the buyer's agent will submit the documentation to notate any repairs that the buyer is requesting to the listing agent. This can often turn into a round of negotiations as both parties evaluate the "reasonableness" of the requests and whether they repairs are within the confines of the sales contract. ​
These days, most buyers will complete a home inspection by a licensed inspector. Following the actual inspections, the buyer's agent will submit the documentation to notate any repairs that the buyer is requesting to the listing agent. This can often turn into a round of negotiations as both parties evaluate the "reasonableness" of the requests and whether they repairs are within the confines of the sales contract. 

The seller is not required to fix all the items. It's not unusual for the buyer and seller to go back and forth several times before reaching an agreement. However, once both parties have agreed to the terms, the seller is contractually responsible for completing all repairs as negotiated.
What happens if the seller doesn't complete the home repairs as specified?
It's important to remember that both the buyer and the seller want the same thing--to get to the closing table. With that in mind, the buyer should proceed carefully but know that the contract will side with him if the seller hasn't performed his due diligence in getting the repairs completed. 
If the closing date is fast-approaching and the buyer's agent still hasn't received the repair invoices, he/she will contact the listing agent to determine the status of the repairs. Technically, the seller has until the final walk-thru to complete all repairs.
At the final walk-thru, the buyer will have the opportunity to scrutinize the repairs. If the repairs are not completed as contractually agreed upon, the buyer has five options:
1. Postpone closing until repairs are completed. Buyers often times have their belongings loaded in a moving truck and don't want to delay the closing. If this option is chosen, the buyer and seller will need to extend the closing date with an executed addendum.
2. Request the seller put funds in an escrow account until the repairs are completed. This is less desirable for the seller but allows all parties to close as specified. If the seller doesn't comply by a date agreeable to both parties, the buyer is issued the money to make the repairs himself. If the seller completes the repairs, the escrow money is returned to the seller.
3. Request a credit from seller to complete the repairs. This can be risky as the costs may be higher than the buyer anticipates but it does allow him to complete the sale at closing.
4. Re-negotiate repairs. While this is not favorable for the buyer, it may become necessary to proceed with the home purchase.
5. Cancel home sale for non-performance. Obviously, this is the least desirable option for both parties. It may be more desirable to re-negotiate the terms of the repairs than choose this option. However, that all depends upon the dollar amounts involved. If this occurs, the buyer will receive his earnest money back as the seller did not comply with the terms agreed upon in the contract. The buyer may also have grounds to file suit against the seller for breach of contract.
If you get to the final walk-thru and the repairs haven't been completed, take a deep breath and ask your real estate agent the best course of action. His/her responsibility is to get all parties to agree upon a reasonable solution. Don't have a knee-jerk reaction that could cost you the home of your dreams. After all, your primary goal is to complete the sale.
What happens if the seller doesn't complete the home repairs as specified?
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