Special offer

With All Due Respect, Mr. Seller -- I'd Rather You Didn't Do Those Repairs

By
Industry Observer CalDRE #01165532

With All Due Respect, Mr. Seller -- I'd Rather You Didn't Do Those Repairs

This is inspired by some of the comments I have made on posts in reference to the issue of sellers completing repairs requested by the buyer after a property inspection.  Actually, the issue is not the completion of the repairs but rather not completing or doing said repairs in a rather s%$^* shoddy manner.

Why are you asking a seller to repair or replace an either inoperable or damaged item?  Do you believe he, although a perfectly nice person I am certain, will take the same level of care that you as the new homeowner will?   Sure, you don't want a fixer-upper and I understand that.  You have neither the time or the desire to do any work, you have told me this many times as you have seen homes.   Wouldn't it be a better option if you could take control of the situation and hire your own contractor, handyman or job specific professional and they complete the job to your satisfaction.  

In California our purchase agreement states all properties are sold in as is condition.  The sellers in most cases(except bank owned, probate, some trust sales)are required to disclose in writing conditions in and around the property that they are aware.   As I tell, my buyer clients --- some homeowners are more in tune with their home than others.  This, in itself, does not make them bad people:  they only know what they know.  For you as a home buyer, you hire a professional home inspector and any other follow-up professionals to give you the best analysis of the condition of your home.

If there are issues that become known during the inspection/investigation process, you as the buyer have options. 

  • if you feel the issues raised during the inspection make the purchase not a good match for you, you can cancel the transaction and because it is during your due diligence time period, your earnest money deposit will be refunded. 
  • you can address your concerns with the property owner on a Request for Repairs or Other Action.  You can ask for repairs to be made by the seller or you can ask for a credit or price reduction to cover these items.  Please note:  the seller is not required to do any repairs(beyond state mandated smoke detector and proper water heater bracing).  So it becomes a matter of negotiation.  As I have suggested earlier and as this post's title indicates, With All Due Respect, Mr. Seller -- I'd Rather You Didn't Do Those Repairs. I believe a credit or price reduction is the more desirable option for both the buyer and seller in the event this issue needs to be addressed.
  • you can accept the findings from the inspection without asking for any repairs to be made, credits given or prices adjusted.  Why would you consider this?  Maybe you feel you have gotten a fair price and you can handle any repairs yourself or perhaps you are considering a major renovation of the home. 

Each situation is always addressed on an individual basis--it is always your decision.  Isn't it good to know the options, though?

 With All Due Respect, Mr Seller --- I'd Rather You Didn't Do Those Repairs

Michael Jacobs is a Realtor who serves the San Gabriel Valley and the surrounding Northeast foothill communities within the city of Los Angeles.  He can be reached by cell 818.516.4393 or michaeljacobs@coldwellbanker.com.

 

Posted by

Michael Jacobs

 

CalBRE # 01165532

P. O. Box 587

Pasadena, CA 91102

Call/Text:  818.516.4393

mtj916@gmail.com

 

 

Victor Zuniga
Berkshire Hathaway Home Services California Properties - San Diego, CA

Repairs can be the nail in the coffin in a transaction especially in a distressed sale. We always advice clients to remember that it's a "request" not an obligation. A credit is usually the best possible choice if you can reach an agreement between both parties.

Feb 26, 2011 05:59 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Victor --- yes, it's important to let buyers know the seller has no obligation to even answer the buyer's request.  Thanks for your comment.

Feb 26, 2011 06:33 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Richard --- very valid points.   How many examples can we site? The quasi-expert electrician or plumber may have created the vary condition they are so willing to repair.  Yikes!    It's our role as agents to present the options and let the buyer and seller decide if and how it should be handled. 

Feb 26, 2011 07:34 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Great points, Michael!  I have had some sellers that do a better job than many contractors but, for the most part, it saves a ton of grief and possibly losing the sale if you just hire a professional.  After all, Mr. Seller, don't you have some packing to do?!

 

Feb 28, 2011 04:54 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Debe, you are right, some sellers are far superior than a contractor but as you said --- wouldn't you rather be packing and going into that new home? 

Feb 28, 2011 05:51 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Michael, here the buyers can ask the sellers to make the repairs or, if it works with the lender, to do a closing cost credit at settlement.  In most cases, the amount the buyers request at settlement is a whole lot more than it would cost for the seller to do the work properly.  I would rather see a credit, because then it's just money, cut and dried.  No fuss, no muss, no writing ranting blogs about a colleague whose stupid sellers don't perform.  Still, if they are my sellers, they are going to be good guys and get it done properly.

Mar 01, 2011 03:07 AM
Dale Baker
Baker Energy Audits and Commercial Properties Inspections - Claremont, NH
New Hampshire Relocation Real Estate Information

Howdy and evening to you Michael

Michael, I have to ask, don't the Home Inspectors out there in California go back to the home to make sure the repairs have been done right for their Home Buying clients?

When a home seller has said they will do the repairs.

Anytime repairs are going to be done at a home, that I have inspected for a client. I go back to the home to reinspect repairs that have been done, has been done by a professional and that the work has been done right. I do this re-inspection with out charging my clients any additional money.      



Have a good one
Dale in New Hampshire

Mar 01, 2011 02:07 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Patricia - my experience regarding credits and lenders is that they need to be credits for closing costs not repairs.  If a seller hires a professional(and licensed where necessary) to do a thorough and complete repair/replacemnt of items/conditions requested by the buyers that is great if all parties involved agree.

Mar 01, 2011 11:43 PM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Dale --- regarding inspectors going back to re-inspect the home after a seller completes the request --- it depends and if they do there is typically an additional fee.  Sometimes a buyer may have received an estimate from a professional(maybe a heating/air conditioning contractor, roofer, etc) so additional fees may be involved if they come back.  That's why a credit or reduction in price may be best for all parties involved.  I think it's great that you return to do a re-inspection at no cost to your clients --- too bad you are so far away for me to recommend to clients in California.

Mar 01, 2011 11:48 PM
Dawn A Fabiszak
Private Label Realty ( Denver metro area, Colorado - Aurora, CO
The Dawn of a New Real Estate Experience!

Michael ~ you make a valid point.  In Colorado we can require a professon be used in the repairs.  It is interesting to learn how different states handle different things within the contract to purchas.

Mar 06, 2011 04:18 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Dawn -- yes, it is interesting to see how our business varies by state and in some cases even different cities/counties within the state.  

Mar 06, 2011 04:51 AM
Don Sabinske
Don Sabinske, Sabinske & Associates Inc. - Zimmerman, MN
Sabinske & Associates Inc.

Michael, first, you will always make the cut.  Secondly, we need to know as buyer's agents, who made the repairs and are they up to code?

May 02, 2012 09:17 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Don - our California purchase agreement states that repairs need to be made in a workmanlike manner(and by anyone) unless othewise agreed in writing.

May 04, 2012 02:25 AM
Ron Marshall
Marshall Enterprises - Saint Michael, MN
Birdhouse Builder Extraordinaire

Do-it-yourselfers will always be found out.  It is either not up to code, or it could even be fatal.  Make sure that you hire the right person for the job, and watch them.  That's what I do.

Sep 04, 2012 08:09 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hi Ron -- just like anything else there are good and bad examples of how work is to be completed.  I advocate whether I am representing a buyer or seller -- a credit or a price adjustment is the better option for repairs instead of the work that is to be completed by the seller or his designate.   In my opinion it's just a cleaner option. 

Sep 04, 2012 09:05 AM
Marshall Enterprises
Marshall Enterprises - Saint Michael, MN
Antiques, Lawn Care, and Trashouts

One of the best things to do is to get a licensed professional for repairs so that you have receipts!

Feb 10, 2013 09:18 PM