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Repairs - how much should Buyers ask the Seller to pay for when writing a contract?

By
Real Estate Agent with Own Tulsa License #142914

By the time you and your Realtor select a property and sit down to write the sales contract, your Realtor has probably been pointing out some areas of caution, such as wood rot or a hot water heater that needs to be raised.

In the sales contract, we ask for a dollar amount for repairs, replacement or treatment for which the Seller will be responsible.  This is the amount the Seller will obligate himself to pay and must be prepared to spend. However, if you agree that the Seller will be responsible for $1000 in repairs, but only $200 is spent, the Buyer does not receive the $800 that was not spent.

So, you want to be fairly accurate in the amount requested when you make an offer. Experienced Realtors can notice many things clearly visible while viewing a home. There are things that will come up during inspections that we could not possibly have foreseen or anticipated.  Not every crack indicates structural damage and we have no way of knowing if there is water standing in the crawl space.

If I know that the hot water heater needs to be raised in order to be compliant, I will request that in the contract in the "Additional Provision" section, so that expense is not included in the repair amount.

If the Buyer and the Seller agree that $600 is the repair cap, and the repair estimates reach $1,000, there are several ways to resolve this. The Buyer can elect to make repairs not required by the Lender at a later date, for example. Or the Buyer and Seller may elect to split the $400 excess and make all the requested repairs. Good Realtors will negotiate together to reach a win-win situation for both Buyer and Seller.  At this point, the Buyer has already spent money on inspections and an appraisal, and the Seller has taken his home off the market for several weeks - don't let a small amount in repairs kill the deal at this point - there's always a solution!

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Please visit my web site if you are shopping for Tulsa homes for sale or call 918-852-5036 for more information about Midtown Tulsa Real Estate. In addition to my advanced grasp of the internet to market your Tulsa home for sale, I include a home staging consultation with every listing AND professional photography - at no aditional cost to you!

Lori is a residential Realtor with eXp Realty serving the greater Tulsa area and specializing in downtown Tulsa and midtown Tulsa real estate.

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Troy Jowers
Pogo Realty, LLC - New Orleans, LA
New Orleans Realtor

This is new to me to ask upfront for repair costs on a contract. The norm down here in New Orleans is to either wait for the inspection process, or to reflect obvious wear and tear in the offering price. I guess it's because another local norm around here is that very few sellers, relatively, will actually take on the burdon of repairs. They would rather offer the money or offer a lower purchase price so they don't get caught up in later hassels if the workmanship on the repair comes in to question after the closing. Interesting topic to bring up. Thanks, Lori.

Jun 27, 2009 12:13 PM
Lori Cain
Own Tulsa - Tulsa, OK
Midtown Tulsa Real Estate Top Producer

Troy, it never occurred to me when I was posting this blog that our norms would differ from state to state. In Oklahoma, we ask the Seller to agree to a "repair cap" up front. We basically guess at that amount, I hate to admit. But, when the repair estimates comes in, we negotiate all over if necessary.

The only time it bit me in the butt was when I was representing a Seller and the repair costs FAR exceeded the amount written in the contract. This gave the Seller an opportunity to get out of the contract, which he did. The poor Buyer was already out the cost of inspections and an appraisal.

It's an "out" in the contract if there was more wrong with the property than the Seller was aware of -- but that's the ONLY transaction I let die due to repair costs. I was working with a less than ethical Seller and didn't realize it until it was too late.

Now, I look more thoroughly to see if a property will pass FHA inspections, etc. If representing a Seller, I ask them to do inspections up front. When representing a Buyer, I am careful about how I ask for repairs.

 

Jun 27, 2009 05:55 PM
Jon Wnoroski
America's 1st Choice RH Realty Co., Inc. - Green, OH
Summit County Realtor

Hi Lori - This is an interesting post and we have the repair cost statement in our Ohio contracts.  However, the inspection often reveals something that may cost more than what might be stated.  We address the repair issues in our "Release of Contingencies Addendum" that might include, but often goes beyond, the original figure.  I have been involved in negotiations over repairs and we seem to be able to get agreement in one form or another following inspections.

Jun 29, 2009 03:47 AM
Lori Cain
Own Tulsa - Tulsa, OK
Midtown Tulsa Real Estate Top Producer

Jon, it's all about keeping the transaction together and working towards a win-win for all. I really had no clue we handled repairs so differently from state to state!

Jun 29, 2009 05:55 AM