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Old 06-28-2011, 11:33 AM
 
Location: South Jersey
819 posts, read 2,945,699 times
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Hello - I hope I'm putting this is the right forum. So I'm buying a house and I am set to close 7/29. I had my home inspection this past weekend. There were 3 things that the seller needs to fix as they are saftey concerns.
I'm just waiting to hear back from them.

Anyway - I guess I'm wondering has anybody ever had somethign major that needed to be fixed and the seller just refused?
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Old 06-28-2011, 12:40 PM
 
Location: 92037
4,630 posts, read 9,200,930 times
Reputation: 1946
Quote:
Originally Posted by AdotAllen View Post
Hello - I hope I'm putting this is the right forum. So I'm buying a house and I am set to close 7/29. I had my home inspection this past weekend. There were 3 things that the seller needs to fix as they are saftey concerns.
I'm just waiting to hear back from them.

Anyway - I guess I'm wondering has anybody ever had somethign major that needed to be fixed and the seller just refused?
Depends on the state you are buying. In California for example, buyers have a 17 day inspection period after signing the purchase agreement. In that 17 days, the buyer has the ability to walk and get the earnest money back if the seller is unwilling to negotiate fixes or you didnt like the inspection.

The other thing is depending on the type of loan you using, if at all, may determine status as well. FHA requires certain conditions be met of the house so that the buyer is not walking into a house that requires necessary fixes.

You would have to ask your agent what conditions there are in the contract and if there is an out clause.
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Old 06-29-2011, 06:56 AM
 
64 posts, read 176,482 times
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I have not. But I've read some stories hear about sellers refusing to fix big items.
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Old 06-29-2011, 03:55 PM
 
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Of course I have. Been on both sides of the fence. Some buyers will ask for a roof. The favorite answer is "is the item performing for the function for which it was intended" Well if a roof is not leaking then yes. But if the roof is over 20 years old then it is past it's useful life and many homeowners insurance companies will not insure it. So they ask for a new roof. Sometimes they agree to split the cost (inflating the purchase price as long as the appraisal covers it).

These are all negotiating points. The repairs are sent in on a form labeled Repair Request. That is what it is the buyers are asking for these repairs or maybe a concession on price to cover the repair. However some lenders will not allow that.
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Old 06-29-2011, 05:32 PM
 
2,924 posts, read 5,816,443 times
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The seller can agree to fix; he can suggest a reduction in price; or offer nothing. If he offers nothing you can still buy the house on the original terms, but you don't have to. And you should get your deposit back if you don't.

As far as I know, the seller does not NEED to fix something just because it is a safety concern.
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Old 06-29-2011, 05:42 PM
 
Location: My little patch of Earth
6,193 posts, read 4,778,130 times
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Here in TX, an inspection with recommended repairs is presented to the buyer and seller. The Seller's Disclosure statement may or may not list items noted by the inspector. The seller may be required to add the inspectors recommendations if they are of a safety nature or affect insurability and the buyer declines the purchase. But the buyer can negotiate cash concessions during the negotiation period with the seller. No guarantees of results however.
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Old 06-29-2011, 08:22 PM
 
Location: El Dorado Hills, CA
3,716 posts, read 8,736,797 times
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Contractually, rational1 has a great answer.

Typically, if it's something obvious that the seller feels is reflected in the price (an old roof, dated plumbing, whatever) they might not agree to fix it. If it's something unseen (termites, carbon monoxide leak in heater, etc) the seller is more likely to fix because now they have to disclose it to future buyers and it will affect the price.

If it's a safety issue that affects the buyer's ability to get a loan on the property, they are more likely to do the repair. These items are pointed out as conditions on the appraisal.
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Old 06-29-2011, 09:23 PM
 
Location: Columbia, SC
9,556 posts, read 18,859,411 times
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Absolutely. I've had buyers void the contract and start over again over repair issues. It's more common for the repairs to be made in my experience though.
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Old 06-30-2011, 12:59 AM
 
Location: Anchorage
801 posts, read 1,550,322 times
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Quote:
Originally Posted by rational1 View Post
The seller can agree to fix; he can suggest a reduction in price; or offer nothing. If he offers nothing you can still buy the house on the original terms, but you don't have to. And you should get your deposit back if you don't
But then a buyer would have to pay for fixing it, right? To get financing approved?

(I wish my bank would tell me WITHIN my allowed period of time to request repairs from the seller, that they HAVE TO have certain (minor) things fixed before it can be approved... they had an inspection report but said nothing until I ran out of time and had to either pay myself or walk away )
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Old 06-30-2011, 05:12 AM
 
Location: Charleston, SC
5,615 posts, read 13,266,706 times
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I refused as a seller - they didn't get the list of what they wanted done back by the contractual deadline. And I have no idea who they hired as an inspector, but they called out things that made no sense. Like too many GFCI outlets used (rather than a regular outlet) in the kitchen and bathrooms. Their recommendation was to put the GFCI outlet at the far end of the circuit and regular outlets elsewhere, eliminating the protection.

Sale of the home went according to plan, btw. They were cash buyers who were getting a divorce, and didn't want to lose their deposit. The divorce probably motivated them to move a little quicker too.
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