[rjn5656]

A lot of buyers require a home inspection of used homes before closing. My question is what responsibility does seller have to fix items identified on inspection. Most of what I see is routine maintenance, not major issues.

I always thought seller was responsible for major items over a certain Dollor amount.

[Tom C]

Good Question!

I have found that everything is negotiable. When we sold our last home, our realtor specifically stated that we (as the seller) would fix anything that was “Health or Safety” needed. Cosmetic issues would not be addressed.

I believe this is best to be ironed out BEFORE the inspection is done. You may also want to determine WHO is the authority if an found item is a “Covered item” or not.

Good Luck!

[retiredguy123]

I think, typically, the sales contract requires the seller to repair the defects up to 3 percent of the contract price. If they exceed 3 percent, then the seller can refuse and the buyer has the option to cancel the sale, or they can renegotiate the price. But, if the seller agrees to repair the defects, then I don't think the buyer can cancel the sale. I don't really see the difference between a routine maintenance item and other issues. If the seller has failed to maintain the property, shouldn't that be a valid inspection issue?

[raynan]

I would think you would only be required to bring everything up to code. Everything else would be negotiated or not from the sale price.

[Altavia]

Negotiable as others have noted.

Another approach to save time is to get estimates and then offer a (50%) credit of the total at closing.

[NotFromAroundHere]

The seller is responsible for items that do not function as intended or adversely affect the habitability of the dwelling. The seller shall repair or replace such items at a cost of up to 3% of the purchase price of the home. If the seller refuses, the buyer may cancel the purchase.

If the contract states that it is an "as is" transaction, the seller is not obligated to fix anything. But, again, if items show up in the inspection, the buyer can back out.

[DangeloInspections]

Good question.....the simple answer is everything up for negotiation.

It all depends what the contract says. After that, everything is simply an opinion. Much depends on if it is a buyers or a sellers market. In a seller's market, the seller has much less incentive to fix anything because he knows that he can find a buyer who will not burden him with repairs, who will buy the home "as is".

In a buyer's market, where homes sit for weeks without an offer, the buyer can request almost anything....if the seller wants the deal to close, he will do it.

Personally, I have a different and somewhat unique viewpoint on this. Sellers for the most part will fix issues in the cheapest manner possible, and the repairs might be sub-standard. Often they might have known about the issue, but did not really care until it because a stumbling block to the sale....so they might fix it fast, cheap and not as well as you as the buyer would like it to be fixed.

Whenever I buy a used home, I will point out the issues that are significant, and figure out how much the repair will cost, and offer a fair price for the home, minus the cost of ME having the repairs done. If the accept that offer, fine...if not, then I will pass on the home.

I as a buyer do NOT want to seller to do the repairs. I buy the house as is, for a price that factors in the needed repairs.

The problem lies in sellers who want, and often get, top dollar for a home that does need a lot of repairs, and buyers who want a brand new perfect house for a "used home" price. Common sense and the market need to prevail.

There are always 3 factors to a home selling....price, location and condition.

This is a topic that can be discussed for hours....location is not something easily changed, condition suitable for the sale varies...I have bought great homes for a great price because I like homes that need some work, then I have seen houses that might look nice, but have huge underlying problems, (the lipstick on a pig, flipper type house), and everything in between.

On an older home you can often tell if it was well taken care of or not. Every house has a fair price based on condition and location. Expectations need to be based on the market and the condition of the home.

Frank

[retiredguy123]

I agree that everything is negotiable. But, as a buyer, if you don't want the seller to fix inspection defects, then you need to negotiate that issue before you sign the typical sales contract in Florida. Otherwise, the seller can choose to fix the items and does not need to negotiate a lower price. I don't think the buyer can cancel a sales contract if the seller agrees to repair the inspection defects. And, the home inspection usually is done after the sales contract has been signed by both parties.

[crash]

Originally Posted by Tom C

Good Question!

I have found that everything is negotiable. When we sold our last home, our realtor specifically stated that we (as the seller) would fix anything that was “Health or Safety” needed. Cosmetic issues would not be addressed.

I believe this is best to be ironed out BEFORE the inspection is done. You may also want to determine WHO is the authority if an found item is a “Covered item” or not.

Good Luck!

A Villages listing is as Tom points out is Health or Safety but includes items not functioning as designed would need to be repaired. The limit is 1.5% of the purchase price. The buyer can cancel without loss of deposit if seller does not want to repair or costs exceed 1.5% and they do not want to fix it. They will have to disclose this when they try to sell to someone else. So if the roof leaks they would need to repair it. If the stove did not work they would need to repair it. If they choose not to the buyer can walk with his deposit and the seller would have to disclose this to any future buyers.

[VApeople]

Originally Posted by rjn5656

My question is what responsibility does seller have to fix items identified on inspection.

I think the seller has absolutely NO responsibility.

I doubt the contract between the seller and their realtor states that the seller will promise to "fix items identified on inspection".

[OrangeBlossomBaby]

Originally Posted by VApeople

I think the seller has absolutely NO responsibility.

I doubt the contract between the seller and their realtor states that the seller will promise to "fix items identified on inspection".

The only responsibility as far as I know, is disclosure. If there is something about the house that needs repair and is not functioning as is, or is at risk of damaging the home as is or a serious health hazard, the seller must tell the buyer about it.

A crumbling foundation. A leak in the attic from worn flashing around the chimney whenever it rains. A nest of vipers hiding in the back room of the cellar. Asbestos or lead paint in construction. A known failed radon test. Wiring that was jury-rigged and was never inspected.

There's no requirement to fix these things, but there is the requirement to disclose the information to the potential buyer.

In Connecticut, there is a requirement to replace an underground oil tank for homes that use oil heat, but being in a basement doesn't count as underground. They mean a buried tank. Home sales can't go through until the tank has been replaced. Who pays for it - is negotiated. But the tank must be removed.

[DangeloInspections]

You will always get different answers to this question based on people's past experiences. A Realtor may answer this different than a buyer or seller.

The answer simply is, Whatever the contract says that the seller signed.

The problem is that some sellers do not even read the contract, or believe they have no ability to change what the preprinted contract is. They fail to realize that THEY are in control, not the person who wants them to sign the contract.

Thus, there is no one correct answer. Two parties, the buyer and the seller come to an agreement to transfer ownership of a home. If either party is not agreeable to the outcome, the transaction does not have to take place.

Simply know what you are signing.

Home Inspections are not a "Pass / Fail" inspection. A home inspection is an evaluation of the home's structural, mechanical and safety conditions on the day of the inspection. All major components are inspected. A good Home Inspector should be able to explain the condition of the home and it's components to the buyer, and answer any questions they may have.

Their report should have plenty of pictures (and video if needed) and be easy to read and understand.

A good Home Inspector has an ethical obligation to only his client, the buyer....not a Realtor or seller, etc. He or she should be factual, not alarmist, and give an unbiased current analysis of the home and it's components.

Armed with that information, the buyer can make an informed decision.

Hope that helps!

Frank D'Angelo, ACI

[Altavia]

Originally Posted by DangeloInspections

Personally, I have a different and somewhat unique viewpoint on this. Sellers for the most part will fix issues in the cheapest manner possible, and the repairs might be sub-standard. Often they might have known about the issue, but did not really care until it because a stumbling block to the sale....so they might fix it fast, cheap and not as well as you as the buyer would like it to be fixed.

Whenever I buy a used home, I will point out the issues that are significant, and figure out how much the repair will cost, and offer a fair price for the home, minus the cost of ME having the repairs done. If the accept that offer, fine...if not, then I will pass on the home.

I as a buyer do NOT want to seller to do the repairs. I buy the house as is, for a price that factors in the needed repairs.

The problem lies in sellers who want, and often get, top dollar for a home that does need a lot of repairs, and buyers who want a brand new perfect house for a "used home" price. Common sense and the market need to prevail.

Frank

Excellent guidance!

As a seller who has been through multiple work related relocations, I prefer to get quotes on things safety or functionally related and then negotiate a credit at closing for repairs. Most buyers have accepted a 50/50 split and I may add a small amount for cosmetic items. You have enough to do arranging moving and purchasing another home to not be subcontracting and scheduling repairs.

I've also proactively paid for a professional home inspection before putting the home on market, made recomended repairs, and had a follow-up inspection with a report verifying repairs were complete and correct.

Items like Radon are a big one in some areas you want to get resolved up front rather late after the sale as a requirement for closing.

In every case, the buyers accepted my inspection, with the re-inspection Report and purchased the home.

[DAVES]

In buying or selling a home or any real estate almost everything is subject to negotiation. We all know this to be true. The price for example. The seller thinks Bob got xxxxxx so mine is worth xxxxxx.
I paid xxxxxx it has two mortgages on it and I must get xxxxxxx to simply pay what I owe.
In the real world the question for the buyer to answer is what else is available and for what price. Are you a desirable buyer? Flexible as to when you need or want to move. Subject to the sale of my home or ready willing and able to pay CASH.
The laws are different from state to state. Building codes change. Here the ability to stand up to wind has changed and likely electrical and plumbing codes. Those popcorn ceilings-they used to have asbestos in them. Removing it, PROPERLY, is very expensive. Paint up until the 1960's or so had lead in it.
Our previous home built in 1948 likely had some old lead paint and with real copper plumbing, surely it was lead solder-not supposed to be used today.

In real estate only things in writing are valid The broker, who most likely works not for the buyer but for the seller tells the buyer it is under priced. It means nothing.

Spend a few bucks. Get an atty. If, you are the buyer get an inspector who you pay and so clearly works for you. Consider, getting an appraiser. Surprises can be very expensive.

[crash]

Originally Posted by VApeople

I think the seller has absolutely NO responsibility.

I doubt the contract between the seller and their realtor states that the seller will promise to "fix items identified on inspection".

You are correct they do not have to fix anything but the buyer can walk and keep his deposit if health, safety, and items do not perform as expected.

If during an inspection the roof is found to leak and the seller does not want to fix it I as the buyer can walk and get my deposit back. You as the seller will now have to disclose that your roof leaks to any new potential buyer.