Ask Renee: Asking seller for repairs

Hello, this is Renee Han with Downing Frye Realty, and this is another segment of Ask Renee, where I tackle some of the most commonly asked real estate questions from buyers and/or sellers. Today what I'm going to talk about is what can a buyer ask for in terms of repairs as an outcome of the inspection. Process? The shortest answer is you're welcome to ask for anything. Now let me take that a little further though and talk about some of the considerations. The inspection process is intended as an opportunity for buyers to learn more about the property and in particular to make sure that the major components of the house are fully functioning. Functional and that there's no significant issues with the home before proceeding with the purchase. And so when you think about it in that capacity, certainly a buyer is welcome to ask for anything under the sun. The thing to keep in mind is the seller is not obligated to address everything that the buyer has asked asking for. And in some cases, everything the buyer is asking for may not be grounds to terminate the contract. So what do I mean by that? If there is a tile in the kitchen that is cracked and the buyer wants that fixed and the seller says, "No, I won't," that is not necessarily grounds for the contract termination in terms of how the deposit or escrow is going to be handled. And that's usually a big consideration. At any point, no buyer is forced to purchase a home that they're no longer interested in, but there's a financial implication depending on why the buyer is exiting a sales contract that would determine whether that buyer will get part or all of their deposit back. And so I kind of combine discussion about the inspection and what can you can ask for along with the topic of deposits, because again, you can ask for anything that you want fixed, and certainly the seller could agree to do all of it or none of it. Where it tends to get more complicated is at what point when the sellers have not agreed to do everything that the buyers have asked for, you know, is there going to be a potential loss or dispute of the deposit? I guess again, in part or in full. So I always try to encourage my buyers that use that inspection to find anything that is deal breakers. The cosmetic stuff is usually not something that is appropriate to ask for. The other thing is there is a seller's disclosure that gets filled out at the time the property is listed. It's important before you make an offer on a home that you've gone through that seller's disclosure because there may be things in that seller's disclosure that they've told you about. Perhaps there was a leak in the roof in the past or the dishwasher isn't working. If they've disclosed it in the disclosure, in this area of Southwest Florida that seller is not required to repair that because in a sense they've been upfront with you that they know there is a known defect or issue. They've disclosed that and you've chosen to make an offer on the house knowing that. Now, if you want that to be addressed, I always encourage people to do that as part of the offer process. So let's just, for example, say that there was the dishwasher is not working, they've disclosed that in your actual offer to the seller, you ask for that to be fixed. So what you don't want to do is get to the inspection process, you didn't ask for that in the contract, and now all of a sudden you're asking for it from the seller. So again, anything in the seller's disclosure you want addressed is appropriate to do at the very front end in the sales contract. And then anything that new that comes up through the inspection process is something that then you can address with sellers at that point as part of the, uh, the recourse, if you will, to, um, deal with any findings in the inspection. Now again, I would keep it to making sure that things are mechanically sound and functional, that there's no issue with mold, there's no issue with leaks. Again, the equipment is fully functioning, and that's usually the extent to which you would address or ask for anything from the seller. But again, I go back to my first point: as a buyer, you may ask for anything in your inspection response. Just be cognizant that it could change the dynamics of the deal. It could cause you guys not to agree on a course of action and then there could be implications to your deposit. So I encourage everybody to do inspections. They're a great idea. Even when things look visibly good, having another set of professional eyes go in and look at a deeper view of the home is always advisable. If you have any questions, feel free to give me a call at 239-287-2576. Again, this is Renee Han from Downing Fry, and I'd be delighted delighted to help you with any of your real estate needs on the buying or selling side. Thanks and have a fantastic day.