Doesn’t a Colorado seller have to fix that?

By
Real Estate Broker/Owner with Colorado Real Estate Advisers LLC CO ER100025633

Especially first time buyers hear all kinds of “advice” from friends and family about what a seller “must” do.

Well at the risk of annoying your well-meaning friends and family, the state of Colorado does not require a seller to fix anything. That’s right, zip, zich, nada, zero.

What???

But what if there is a hole in the floor all the way to China and bare electrical wires sticking out that could electrocute someone!!!

While the fire department, or Regional Building might care, the state is hands off about requiring repairs.

There is one thing, and only one thing, functionally, that the state requires. Sellers must furnish a carbon monoxide detector within 15 feet of each bedroom.

And that’s it.

Repairs are negotiable between seller and buyer. But the seller doesn’t have to agree to fix anything.

BTW, buyers should carefully read section 10 of the contract, and seek legal advice as needed. The contract says the buyer is buying the house “as is.”

Posted by

David Gibson, 

Certified Negotiation Expert (CNE)

Broker / Owner Colorado Real Estate Advisers LLC

Independent Real Estate Broker

Colorado (License # ER100025633) and Texas (License # TX 499067)

Email: broker719@gmail.com

Phone: 719-304-4684

3326 Sand Flower Dr, Colorado Springs, CO 80920

I help my clients buy "A Better House at Lower Cost."

 

Sellers ~ I offer staging, professional photography, drone photography and videos. I'd like to send you a link to our listings so you get an idea how great your house can look.

 

Call or text me at 719-304-4684, or email me at broker719@gmail.com for more house choices and better deals.

Comments (4)

Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Pretty much the same here in North Carolina, David. But if termites are found they do need to remediate that. However, if a seller says no to all repairs, buyer has a right to cancel contract and get their earnest money back. In reality, it's always negotiated, as if it's a material fact that's found out about a home after buyer's inspection, seller now has to disclose it to prospective buyers.

Dec 08, 2015 09:13 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Fifteen Years Experience in Brevard County

Pretty much the same here too but the repairs may prevent financing which often influences the seller to go forward anyway.

Dec 08, 2015 09:52 PM
Ed Silva
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

It is seldom the state that cares about the conditions of the house, just when do they get the conveyance fees (taxes) at the end.  Those issues with the house are usually addressed by the bank's appraisers as to the reality of the mortgage being issued.

Dec 08, 2015 10:49 PM
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

David - It has always been pretty much a "buyer beware" thing when it comes to buying a home. There are some things in our Arizona purchase contract that the seller warrants are in working condition. Plus, the seller has to complete a Seller Property Disclosure Statement, which discloses facts that materially affect the value of the property. Still, the seller is not required to to fix things. 

Dec 09, 2015 03:07 AM

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