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Old 11-23-2009, 02:25 PM
 
2 posts, read 15,307 times
Reputation: 11

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We just recieved our VA Appraisal report and they are saying there are a few repairs to be made.

The seller refuses to do any repairs.

My question is, Does the seller have to allow us access to the property in order to do the repairs?

We offered to do the repairs so that we can close on the house.

If we are not allowed to do the repairs is the sell just voided? Are we just out our money for the inpsection and appraisal?

Please let me know if anyone knows the answer, the wait is just killing me!
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Old 11-23-2009, 02:30 PM
 
Location: Salem, OR
15,487 posts, read 40,178,438 times
Reputation: 17297
The seller is under no obligation to do any repairs. They have no legal obligation to have you do repairs on their home. Why they'd want to blow a deal is beyond me, but it is their house.

Typically in this case the sale fails because the house won't qualify for financing. At least in Oregon, you'd get your earnest money back and be out inspection and appraisal fees. That's why it is extremely important for folks doing VA loans to work with agents that do a lot of them. We know what to look for to avoid this exact situation.

I even got a bank to do repairs I knew would come up on an appraisal because I pre-negotiated those repairs.
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Old 11-23-2009, 02:38 PM
 
Location: Inman Park (Atlanta, GA)
21,870 posts, read 15,024,797 times
Reputation: 14326
In the State of Georgia, we have something called the "Responsibility to Cooperate". It basically states that all parties agree to, in a timely manner, fulfill all terms of the contract. So even if the Seller(s) refuse to make the repairs, the guidelines of your VA Loan require for the item(s) to be repaired prior to closing.

What does the Listing Agent say about allowing access? It seems like a win-win situation for the Seller. The repairs are paid by the Buyer and they still get to close. If the Seller doesn't cooperate, then you would be out your appraisal and inspection fees in most cases and the contract would be null and void.
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Old 11-23-2009, 02:42 PM
 
2 posts, read 15,307 times
Reputation: 11
We are still waiting on an answer. We were told that the seller wouldn't do the repairs and we told our Realtor that we would do the repairs ourselves. She called and let the other agent know and we are waiting on her approval to let us go and do the repairs.

I am in Louisiana. Do you know if there is a "Responsibility to Cooperate" in my state?
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Old 11-23-2009, 02:45 PM
 
Location: Inman Park (Atlanta, GA)
21,870 posts, read 15,024,797 times
Reputation: 14326
Sorry - I have no idea what the contract states in the state of Louisiana. My best guess would be yes. Check with your Agent and/or the copy of the offer you made.

Like Silverfall and I stated, I don't know why the Seller wouldn't cooperate as it's no money out of their own pocket.
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Old 11-23-2009, 02:53 PM
 
Location: Salem, OR
15,487 posts, read 40,178,438 times
Reputation: 17297
Quote:
Originally Posted by George Chong View Post
In the State of Georgia, we have something called the "Responsibility to Cooperate".
I learned something new today. I can see this clause being helpful in situations like these.
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Old 11-24-2009, 03:58 PM
 
Location: Tempe, Arizona
4,511 posts, read 13,525,379 times
Reputation: 2200
Quote:
Originally Posted by George Chong View Post
...Like Silverfall and I stated, I don't know why the Seller wouldn't cooperate as it's no money out of their own pocket.
I recently negotiated with a bank seller to allow my client access for minor FHA repairs. They had to sign a letter stating they would not be reimbursed for any repair costs if house did not close, had to be supervised by listing agent, and had to use a licensed contractor. Fortunately they had a friend that was licensed and helped to do the repairs. Got repairs done and house closed.
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Old 08-15-2018, 04:02 PM
 
1 posts, read 969 times
Reputation: 10
After I bought house basement needs $6,000 basement repair. Is it to late to do anything?
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Old 08-15-2018, 04:11 PM
 
Location: Rochester, WA
14,304 posts, read 11,772,793 times
Reputation: 38404
Quote:
Originally Posted by charles russ View Post
After I bought house basement needs $6,000 basement repair. Is it to late to do anything?

This seems like a situation completely unrelated to the old thread you posted on. I would post your own new thread to get better answers to your situation.

Answers you get here may end up mixed in with discussion about the prior post which might be confusing.
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Old 08-20-2018, 06:52 AM
 
Location: OK
2,825 posts, read 7,513,903 times
Reputation: 2056
If a seller is not willing to make repairs and offers the house "as is" an agent should not write a VA or FHA contract. I wold never advise a buyer to make the repairs themselves be fore closing. The only exception is if the lender allows a certain amount to remain in escrow until repairs are made by the buyer after close.
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