Buying a home repair procedure contract?

2019-06-05 3:48 am
Well my inspection came back with some plumbing and minor electrical issues to home that was completely remodeled also minor foundation issues. In order to close on the home those items must be fixed to close on home. Well seller hasn’t respond. She has until Friday but I’m getting worried. Now what? What if she doesn’t sign she agreed to fix those items in our repair procedure contract now push comes to shove feet are dragging. I’m trying to close in the next 30 days.

回答 (5)

2019-06-05 4:02 am
Your question is not clear.

Who exactly is requiring that these things be repaired in order to close? The lender? The insurance company? You?

Are you saying that you requested she repair these items and she hasn't responded?

Or are you saying that she agreed to repair these items by Friday and hasn't done it yet?

If the seller hasn't already agreed to fix these items, she is under zero obligation to in which case you buy the house as-is or you find a different house.

As far as the rest of your question goes, I can't quite tell what is going on. Some clarification would be helpful. In any case, it sounds as if you are premature because Friday is still three days away.

ETA: You are misunderstanding the contract. Neither "due diligence" nor "repair procedure" requires the seller to fix anything. "Repair procedure" requires you to complete the purchase IF the seller agrees to make the repairs. The fact that the lender is requiring repairs is too bad, so sad. If she doesn't want to make the repairs, then you either find another lender or find another house.

"She signed it knowing if any of those items were to be broken she would have to repair them. " No, because that's NOT what it means.

"since she was not selling the property as is." Of course she is selling the property as-is. ALL used homes are sold "as is" although some homes come with a warranty provided by a third party.
2019-06-05 8:52 am
If she won't pay for them, you decide whether you still want the house and pay for them yourself, or walk away.
2019-06-05 9:58 pm
If she doesn't agree, you can walk away, or you can buy it as is. She sin't obligated to agree.
2019-06-05 7:27 am
If you buy a house with a repair procedure contract, what that means is that you must buy the house if the seller makes the repairs.

No sane seller would ever sign a contract that makes them responsible for repairing unspecified/unidentified repairs. That's just nuts.

"as long as she agrees to fix..." Ok, but she is not required to agree. That's the part you're not understanding. She can agree or decline.

It's your responsibility to figure out how to pay for the house. If you don't have cash and you can't get someone to lend you the money, then you don't get the house.
2019-06-05 4:51 am
Here's the procedure:

1. You have a contingency in your Purchase Offer for an inspection to be completed within x days.
2. You order and pay for the inspection to occur within that period. They issue a report to you.
3. You and your agent determine what repairs and/or money back you will ask for. Note that $ back cannot exceed 6% of the purchase price. Otherwise, separate payments to the contractors will need to be made at closing.
4. The seller can accept/reject/counter. You can accept/reject/counter. Once everything is agreed, you sign off. Or -- you can cancel the sale and get your earnest $ back.

Anonymous is correct - there's missing info. Have you asked for repairs or $ at closing? It's YOU who have the responsibility to cancel if you can't agree. If the period ends with no agreement, you've agreed to move forward with no concessions. Talk to your agent.

BTW: we just cancelled a purchase in the inspection period as we could not come to terms w/ the seller.


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