When You Give the Seller "The Right to Cure..."

By
Real Estate Agent with EXP Realty 414-525-0563 57026-90 Broker

. In Wisconsin, we have an option of writing an offer to purchase that gives the Seller "the right to cure"....or  it does not.  The right to cure can be specified in the amendment describing the issues that need "curing."

The shingles that blew off...the double tapped breakers, mudjacking the sidewalk, replacing deck boards...etc.   When a seller has "the right to cure" the Buyer needs to send an amendment with whatever is Handyman documented on the report by a licensed inspector that requires replacement or repair.  It can't be a wish list of ...replace the appliances with shiny new ones...forget the deck boards, replace the deck with synthetic material, etc. It also cannot be...unless the Seller would agree...a random "closing cost credit"...a/k/a "Realtor-eze" for fixing boo boos money. The right to cure is exactly that...Cure...not credit.

   You Mr., Ms, Mr. & Mrs. Buyer don't get to ask for money ...you made your choice to cure...and you need to explain what it is that needs curing..not have your hand out to do as you please with the money you are requesting. If you are working with a Buyer's agent...he/she should have explained what your agreement means and what that obligates you to do and what the Seller is obligated to do...OR Buyers agentnot do. 

   When you hire a Buyers Agent...our belief is that he/she should be experienced and be aware of the terms of the contract. Education supported by successful experience....what a concept !  We don't believe that this is a service that should carry an additional charge...though we hear that occasionally in the market.

     This has been an educational post for buyers...and newbie agents who practice in a state where there is a "right to cure" brought to you by Sally K. & David L. Hanson, Broker Associates with EXP Realty honored to be of service for all things real estate  in southeastern Wisconsin. 

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Sally K. & David L. Hanson, ABR, CDPE, CSS, e-Pro,ILHM, REDS


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Rainmaker
3,062,878
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I like the Boo boo money comment, sometime that can creat a problem with lenders I have found.

 

Mar 25, 2019 07:32 PM #1
Rainmaker
1,833,189
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

In the south we call that fixing stuff.  The seller has the right to accept any or all of the buyer's amendment to fix stuff.  Sometimes stuff gets fixed and sometimes it doesn't.  There's no "right."

Mar 26, 2019 02:51 AM #2
Rainmaker
3,121,474
Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400
The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803 - Plainview, NY
Long Island Home and Condo Specialists

This is an interesting option Sally and David. That is if it's explained correctly by the buyers agent!

Mar 26, 2019 04:08 AM #3
Rainmaker
3,162,488
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Good morning Sally. The right to cure does not mean a cash credit to the buyers at buyers request. Sometimes the seller will suggest it to save time and inconvenience. The option is the sellers! Enjoy your day! 

Mar 26, 2019 04:14 AM #4
Rainmaker
2,442,407
Brian England
Arizona Focus Realty - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

Our contract allows for cures from either side of the transaction, which certainly makes it more difficult for either side to actually breach the contract in place.

Mar 26, 2019 07:37 AM #5
Ambassador
3,739,275
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Sally and David I have not seen a Right To Cure addendum around here, and have not noticed it in the sales contract either.  But I think it is a good idea.

Mar 26, 2019 08:29 AM #6
Rainmaker
2,092,923
Sharon Tara
Sharon Tara Transformations - Portsmouth, NH
New Hampshire Home Stager

My son is currently represented by a buyer's agent I'm not impressed with. My husband and I attend every showing they go to and even an inspection for a home he decided not to go forward with after the inspection. 

Oh if only he had taken my advice when choosing an agent. So frustrating.

Mar 26, 2019 09:08 AM #7
Rainmaker
250,389
Susan McCall, Independent Listing and Buyer Agent
Compass Realty Solutions - Portland, OR
Bringing buyers and sellers together!

I find it so interesting to learn about how contracts are written and problems solved in different states.  Our contracts are currently 10 pages long and just about any problem that occurs can for forward with an addendum.

Mar 28, 2019 06:28 PM #8
Rainmaker
393,650
John Wiley
Right Move Real Estate Group- EXP Realty - Fort Myers, FL
Lee County, FL, ECO Broker, GRI, SRES,GREEN,PSA

I have not had this in Florida. I do know that there are Buyers who would ask the Seller to fix so many things it would have been cheaper to build a new house.

Thanks for sharing

Mar 29, 2019 09:28 AM #9
Rainer
470,902
Kimo Jarrett
WikiWiki Realty - Huntington Beach, CA
Pro Lifestyle Solutions

Interesting post, however, if the buyers and sellers agreed to amend the contract and reduce the price in lieu of repairs, are you saying that amending the contract to invalidate the curing is not possible? 

Mar 31, 2019 12:32 AM #10
Rainmaker
3,183,938
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Realtors - Luxury - Divorce

No Kimo Jarrett what we are saying is that if the Buyer gives the Seller the right to cure...and then decides they do not want it cured...they want a replacement cost far out of line with upgraded materials ...larger, etc....they can't expect "automatic cooperation" from the Sellers.

Mar 31, 2019 01:03 AM #11
Rainmaker
366,889
M.C. Dwyer
Century 21 Showcase REALTORs - Felton, CA
Santa Cruz Mountains Property Specialist

Thanks for explaining how it's done in Wisconsin.   It's interesting to learn how newly discovered property issues can be handled in different states.    Where I practise it's more common for the buyer to ask for a credit, so they can cure the issues to their own standards after closing.    

Apr 01, 2019 09:14 AM #12
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Rainmaker
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Sally K. & David L. Hanson

WI Realtors - Luxury - Divorce
For All Things Wisconsin Real Estate...Call the Hansons
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