Knowledge Builders

does the seller have to pay for inspection repairs

by Joanie Rice III Published 3 years ago Updated 2 years ago
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A home inspection sale contingency gives you time to negotiate the repairs with the seller. No, sellers are not obligated to pay for repairs. However, if they are unwilling to negotiate, then they risk losing the deal altogether. Most sellers, especially motivated sellers, are responsive and willing to negotiate.Oct 27, 2020

Full Answer

Who pays for repairs after a home inspection?

The inspection is a buyer’s final chance to identify any problems with the home that they’re investing in, including areas that are in need of repair. And it’s pretty common to want a couple repairs after a home inspection—especially in older homes. But who’s responsible for paying for them: the buyer or the seller?

Do I have to pay for repairs when selling my house?

In fact, "the best contract for a seller would be for the buyer to agree to purchase your home as is or to request an 'information only' home inspection, thus absolving you of any need to pay for any repairs.". However, in a normal market, you won't be able to draw such a hard and fast line.

Should sellers pay for a pre-inspection?

However, sellers who may be concerned about what might be found in an inspection sometimes opt to pay for their own pre-inspection. Based on the results, you can price your home accordingly, and you won’t be surprised by the results of your buyer’s inspection.

What happens during a home inspection when selling a house?

During the home inspection, the inspector will attempt to find as many defects as possible in the home's roof, floors, walls, windows, and structural support members. After the inspection is done, you can begin to make repair requests with the seller—you generally can't start making requests before that.

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What fixes are mandatory after a home inspection in North Carolina?

Lender RequirementsA leaking or damaged roof.Structural defects like large cracks in the foundation.Major plumbing issues.A contaminated well or non-functional septic tank.Outdated or damaged electrical system.Faulty HVAC.Pest infestations.

What fixes are mandatory after a home inspection in PA?

What fixes are mandatory after a home inspection? The short answer is none. From a legal standpoint, there are no mandatory repairs after a home inspection. That doesn't mean, however, that sellers can dismiss the home inspection offhand or refuse to pay for requested repairs and expect the sale to proceed.

What should you ask seller to fix after inspection?

What is reasonable to ask for after a home inspection? It is reasonable to ask the seller to make major repairs that address health, safety, structural issues, and building code violations. The seller may offer cash or a discount in lieu of making repairs.

Who is liable if defects are found after a home inspection in Florida?

It's an individual decision between dealing with the problems he has discovered himself or demanding that the seller take responsibility for them. Legally, in Florida, it is legally required for the seller to disclose to the buyer before the deal is completed that there are defects in the home.

What should be done after an inspection?

Next Steps: What to do After the Home Inspection?Read your home inspection report.Discuss your home inspection report with your agent.Prepare a repair addendum.Sellers response, negotiations, and counteroffers.Order Your home appraisal.Prepare for closing.

Who is responsible for repairs before exchange of contracts?

It is the seller's responsibility to inform the buyer of any damage. It is however the buyer's responsibility to insure the property from the date of exchange of contracts and to have the repairs carried out. The buyer will then have to make a claim on their insurance policy.

Can you negotiate after inspection?

After your home inspection if there are items you want repaired, you are technically renegotiating or counter-offering after the home inspection. Remember a seller can engage in negotiating or they can just shut down any negotiations and say take it or leave it.

Can you negotiate price after offer accepted?

More often than not, the transaction will come to an end if both parties do not come to a satisfactory agreement. As you can see, it's definitely possible to get a buyer to lower their price after your offer has been accepted. But they aren't going to lower the price unless you have a legitimate and valid reason.

What do home inspectors look for?

A home inspector will look at the interior and exterior parts of home like the foundation, structural components, roof, HVAC, plumbing, and electrical systems, then provide a written home inspection report with results.

Can I sue a home inspector in Florida?

The simple answer to whether or not you can sue a home inspector for negligence is yes. If they failed to find something that caused you or another resident harm, legal action is an option.

Can a home inspector be held liable in Florida?

Court Rules Home Inspector Not Liable for Home Defects Resulting in Injury. Anytime you purchase property in Florida, an inspection by a licensed, certified home inspector is typically part of the process.

Who is liable if defects are found after a home inspection near Georgia?

the inspectorOne thing to consider is that the inspector is only liable to defects within the scope of the inspection.

What should be done after an inspection quizlet?

After the inspection, the manager should do the following: * Discuss violations and time frames for correction with the inspector. * Act on all deficiencies noted in the report by determining why the problem occurred, then establish new procedures or revise existing ones. It may also be necessary to retrain staff.

What do home inspectors look for?

A home inspector will look at the interior and exterior parts of home like the foundation, structural components, roof, HVAC, plumbing, and electrical systems, then provide a written home inspection report with results.

Are the sellers of a house liable for repairs after the closing in California?

To hold a seller responsible for repairs after the closing, a buyer must prove that the seller withheld material facts about the home's condition. A seller is unlikely to be held liable for repairs after the close of escrow if the seller disclosed all known defects to the buyer.

What do home inspectors look for in California?

The inspector evaluates and reports the condition of the structure, roof, foundation, drainage, plumbing, heating system, central air-conditioning system, visible insulation, walls, windows, and doors. Only those items that are visible and accessible by normal means are included in the report.

Can a toad be a toad?

Sometimes, a toad is just a toad. Maybe it has a pretty face, but the contractor who built it forgot about installing a moisture barrier in the shower. That can lead to water damage and mold. Or maybe there’s a foundation issue that would cost more to repair than the home is worth. In some cases, repairs might be as cost-prohibitive for the seller as they are for you.

Do you have to repair a broken faucet?

Just as sellers don’t have to repair broken faucets and damaged siding, buyers aren’t required to do anything at all. You always have a choice to buy the house, talk with the seller about making repairs or walking away.

Is a home inspection a passing or failing grade?

One of the most commonly confused elements of a home inspection is the report that the inspector prepares. There is no passing or failing grade. In fact, homes aren’t graded at all. The inspection is just a snapshot; a detailed description, complete with photos, of the condition as it stands when the inspector is on site.

What is an offer contract?

Your Offer Contract. When a home buyer and seller go under contract on a property, they both agree to certain contingencies that are outlined in an offer contract. These contingencies primarily determine instances where either the buyer or seller can walk away from the sale without a penalty.

Why is it important to have all agreements in writing with the seller after a home inspection?

Regardless of where you live and what requests are being made in terms of repairs after a home inspection, it’s crucial for both the buyer and the seller that any and all agreements are in writing, and signed by both parties. This prevents any miscommunications from taking place that could lead to discontent, and also ensures that everyone is entitled to get what they’re agreeing to.

How much does a home warranty cost?

The average price for a home warranty is just over $600 a year, which is a relatively small amount of money for a seller to pay to meet some of the buyer’s approaching repair needs. If a seller refuses to pay for some or all repairs, it’s up to the buyer to decide what they want to do.

What is a nick in a window pane?

A nick in a window pane may be less than ideal, but it pales in comparison to things like non-functioning appliances or pipe leaks. Motivation matters here. A seller who really doesn’t want to lose their buyer will be more likely to accommodate repair requests or a request for an associated price drop.

Why is a home inspection important?

It’s also one of the most important. The inspection is a buyer’s final chance to identify any problems with the home that they’re investing in, including areas that are in need of repair.

How long does it take to cancel a home sale?

Some states (like New Jersey) require that the seller handle any agreed upon repairs within seven days, otherwise the buyer can cancel the sale without losing their earnest money.

What does "as is" mean in a seller's market?

One of these includes agreeing to purchase the property “as is,” meaning that they can’t back out even in the presence of necessary repairs. So what does this all mean when it comes to who pays ...

What if the Seller Won’t Fix Things?

Your agent has submitted your request to the seller’s agent and they’ve said “no.” Now what?

What happens if a roof leaks?

If the roof leaks or the property has significant building violations, it’s likely the seller could have to make repairs as the city might not issue an occupancy permit. Normal repair requests after a home inspection relate to occupant’s safety and ability to enjoy the home. Your real estate agent will be an invaluable help during these negotiations.

What is clever partner agent?

A Clever Partner Agent has the experience to negotiate on your behalf after a home inspection and will know which requests are reasonable. You could always use the home buyer’s rebate offered by Partner Agents to offset the cost of cosmetic repairs. Reach out to Clever to get connected with an experienced agent in your area today.

What happens when you submit an offer on a house?

When you submitted an offer on a house, you likely made it contingent upon inspection. A home inspection can find a lot of problems in your future home which your agent can use to negotiate. But what should you do if the seller won’t make any repairs? When you made an offer on a house, your real estate agent probably insisted ...

What is the purpose of a home inspection?

A home inspection’s purpose is primarily to find anything that would cost a large sum of money to repair and thus would reduce the home’s value. You don’t want to overpay for a house and then have to spend thousands of dollars making it habitable.

What does "contingent upon inspection" mean?

What this meant was that you could schedule a home inspection which would reveal any issues with the property which could cost you a lot of money in repairs. The offer could be subject to further negotiation after ...

What are the issues with a seller?

If they cause any safety issues for people living in the home, such as faulty wiring which could cause a fire. A toilet that won’t flush, well water that lacks pressure or volume, or other drainage issues are also worth discussing with ...

What fixes are mandatory after a home inspection?

And rest assured, there’s no need for you to fix everything a home inspector thinks could stand for improvement; a home inspection report is not a to-do list. Basically inspection repairs fall into three categories: ones that are pretty much required, according to the inspector; ones that typically aren’t required; and ones that are up for debate. Here’s how to know which is which.

What is the best contract for a seller?

In fact, “the best contract for a seller would be for the buyer to agree to purchase your home as is or to request an ‘information only’ home inspection , thus absolving you of any need to pay for any fixes found by the inspector,” she adds.

What are the conditions that an inspector may report on?

Other conditions of the home that an inspector may report on include those related to the roof, electrical systems, and plumbing lines and the condition of your HVAC system. If a home inspection reveals such problems, odds are you’re responsible for fixing them.

What does an inspector check for in a home?

An inspector will also check whether your septic system and heater are in good condition and verify whether there’s a possible radon leak or the presence of termites (homeowners tend to have many questions on these topics). Other conditions of the home that an inspector may report on include those related to the roof, electrical systems, and plumbing lines and the condition of your HVAC system.

What are the repairs required after a home inspection?

Typically these address costly structural defects, building code violations, or safety issues, sometimes in the attic, crawl spaces , and basement, ...

Where does Cathie Ericson live?

Cathie Ericson writes about real estate, finance, and health. She lives in Portland, OR.

Do you have to fix everything on a home inspection?

Do you have to fix everything on a home inspection? Cosmetic issues and normal wear and tear that’s found by the inspector usually don’t have to be fixed.

What is a contingency on a home inspection?

A home inspection contingency is an addendum to the offer contract that allows the buyer to conduct an inspection and then back out of the deal if they are unsatisfied with the findings. Occasionally (and most commonly in a very competitive sellers market), buyers may waive their right to an inspection in order to make their deal more appealing ...

What percentage of home inspections are due to the buyer backing out?

After all, among sellers who had a sale fall through, 15 percent were due to the buyer backing out after the inspection report.

Why do you need a home inspection?

Most buyers request a home inspection when buying a home so they can avoid spending thousands (or more) in unexpected repairs after closing, and to protect themselves from overpaying for the property.

What happens if a contract inspection is not satisfactory?

The language in each contract varies, but usually it states that the inspection must be satisfactory to the purchaser, and if it’s not, they can renegotiate the terms of the deal or call the deal off and receive any earnest money back in full.

What is the biggest hurdle to selling a home?

Completing the home inspection is one of the biggest hurdles to selling your home. Learn how to handle post-inspection negotiations to make way for a smooth sale.

When do buyers request inspections?

Almost all buyers request a home inspection when they submit an offer on a house. And many end up requesting repairs or concessions after getting the inspection report back.

What are the issues with windows and doors?

Window and door issues: Failing window seals, windows and doors that don’t open and close properly, or broken panes are commonly found by inspectors. Asbestos or lead paint: This is a serious issue, and something you should be especially cautious of if you’re selling an older home.

What is a cash credit?

A cash credit is a way a home seller can pay for home repairs for the buyer without actually having the work done themselves. They may apply the credit to the final sale price or pay some of the buyer's closing costs so that money can be used for repairs.

What do you do if the seller refuses to make the requested repairs?

If they refuse to make mandatory safety repairs, you can walk away from the purchase contract . If the repairs are more cosmetic, you may need to make them yourself.

Is cash credit for repairs a good idea?

Seller credit for repairs often benefits both sellers and buyers. It helps sellers move forward with selling their home without having to spend time making repairs on a property they are leaving. And it helps buyers make the repairs they want and need, in the way they want.

What is the job of a buyer in a repair?

Your job as a buyer is to figure out which issues warrant a repair request with the sellers, and which you’ll ask for cash for, handle yourself, or let slide altogether.

Why do sellers have one foot out the door?

Because sellers have one foot out the door, they may not be as focused on quality as you would be. They also may have different aesthetic tastes and standards from yours. If it’s important to you to have something repaired or updated a certain way, you may want to wait and handle it yourself.

What is the job of a buyer?

Your job as a buyer is to figure out which issues warrant a repair request with the sellers, and which you’ll ask for cash for , handle yourself, or let slide altogether . But if serious issues are found on your home inspection, you should request repairs from the sellers.

How long do sewer lines last in Orangeburg?

If so, these types of pipes last about 50 years before they disintegrate. They can also cause a need for thousands of dollars in repairs if a pipe should burst.

What to do if a seller refuses to fix a house?

At the end of the day, it’s up to the buyer to determine the most important repairs before they move in. Whether you’ve asked for one change or 10, if a seller is refusing to make certain repairs, buyers need to determine what they’re willing to settle for. For example, for big-ticket items that a seller refuses to fix, it generally makes sense to walk away. “In one house I had under contract, the inspector discovered water in the crawlspace and evidence of termites,” said Baker. “My buyers insisted on asking for several repairs alongside those major ones, and the seller was so angry. Even when we shaved it down to the most important repairs, he refused. At that point I felt confident walking away from the contract, and so did my buyers.”

Why do you need a home inspection?

Getting a home inspection is an integral part of the homebuying process to ensure your new home is in good shape. It’s fairly common for the inspection to turn up issues that the buyer rightfully would like the seller to address before they move in. But what if the sellers won’t? As it turns out, you have options. Here’s what you should know when a seller won’t make repairs after inspection.

What repairs are required by a seller?

For example, in California, a purchase agreement specifies who is responsible for certain mandatory retrofit items, like smoke detectors, carbon monoxide detectors, water heater strappings and automatic gas shut-off valves, said Krutchik.

When to pass on buying a home if the seller refuses to make repairs?

When to pass on buying a home if the seller refuses repairs. At the end of the day , it’s up to the buyer to determine the most important repairs before they move in. Whether you’ve asked for one change or 10, if a seller is refusing to make certain repairs, buyers need to determine what they’re willing to settle for.

When asking for repairs, should buyers proceed with caution?

When asking for repairs, buyers should proceed with caution, especially in markets where the seller has an advantage . For example, in Michigan, where Shannon Hall is a broker and owner of Dwellings by Rudy & Hall, it’s mostly a seller’s market where there are more buyers than inventory.

Can a seller refuse to fix a home inspection?

Although frustrating, it’s fairly common for sellers to refuse fixes on nonmandatory issues that may come up during an inspection. Luckily, a seller refusing to make all the changes you request doesn’t have to end in a termination of the sale. Should the seller refuse a buyer’s request to address certain issues in a home inspection, the buyer has a few options, said Jill Krutchik, a broker associate with Berkshire Hathaway HomeServices California Properties. “Many sellers do not want to take on the responsibility of repairs, so instead they may offer a credit at the close of escrow to address the buyer’s concerns,” she said.

Do you need a credit before a buyer agrees to a credit?

Before a buyer agrees to a credit, though, Krutchik suggests doing some research. To start, the buyer’s lender would need to allow credits. “Most lenders have a set percentage for the purchase price that they will allow for a credit,” she said. “Anything in excess of that amount may have been agreed upon by the seller, but if it exceeds the lender-allowed credits, it is lost.”

What if There are Issues?

Now, what happens if the appraiser does the appraisal and finds issues with the home that violate the MPR? Technically, the buyer will come to the seller and ask him to fix them. Without the repairs, the FHA lender cannot close on the loan. The seller can absolutely agree to make the changes and everything then moves forward as normal. As soon as the seller has proof that the repairs are done, the appraiser can come back out and sign off on the property stating that it’s FHA approved. The seller can also disagree to make the changes. This leaves you, the buyer, in a situation. You have one of a few options:

What are the requirements for a FHA home?

There must not be any mold or mildew in the house. There must not be any pest damage. There must not be any lead-based paint in the home. These are the basics of what the FHA requires. They want a home that you can move into and live in safety from the start.

What happens if you walk away from a mortgage sale?

If you walk away from the sale, the seller may have the right to keep your earnest money. Some sellers won’t because of the ethics of the situation, but some might and may have the right to do so. Click to See the Latest Mortgage Rates.

Can a seller split the cost of repairs?

Sometimes a seller may be willing to split the cost of the repairs. It often depends on the depth of the repairs and the cause. For example, if it was something due to a storm or other natural causes, a seller may not want to put money towards the issue since it wasn’t due to neglect on his part. But, he may be willing to split the cost with you. Other sellers may not want to have anything to do with dealing with the repairs and would rather give you a credit for the cost of them. This often requires the lender to set up an escrow account where the money for the repairs will sit. The buyer can then manage the logistics of getting the work done. This will only work if the repairs are minor and don’t affect the FHA appraiser’s ability to approve the home, though.

Do sellers have to pay for repairs on FHA loans?

Fast forward to today and the FHA still has property requirements that each property must meet, but the seller isn’t required to cover the cost of those repairs. If you’ve avoided FHA loans for this very reason, you’ll want to keep reading to learn more.

Can a FHA loan close without repairs?

Without the repairs, the FHA lender cannot close on the loan. The seller can absolutely agree to make the changes and everything then moves forward as normal. As soon as the seller has proof that the repairs are done, the appraiser can come back out and sign off on the property stating that it’s FHA approved.

Does the FHA have a minimum property requirement?

The good news is that they aren’t nearly as strict as they were many years ago. Basically, the MPRs make sure that the home is safe, sound, and sanitary. The FHA doesn’t want you to invest in a home that will be a money pit moving forward.

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