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Can buyer demand minor repairs at walk through?

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mixtim

Junior Member
What is the name of your state (only U.S. law)? MD

We have performed by licensed pros ever item the buyer requested as a result of the home inspection. They have signed a paper waiving all contingencies based on inspection, termites, water, chimney, etc.

Here's my question: can a buyer start demanding additional repairs at walk-through? I'm not talking about major appliances not working or big stuff, but stuff like a certain light switch doesn't work, or some water drips out of a tub fawcet, or a ceiling fan's light switch is quirky, that for whatever reason the buyer either didn't notice or didn't care about before. What if the home inspection report is silent as to those things?? It doesn't seem fair or right for someone to come back and nickle and dime or hold up settlement until they hear the right dollar amount after they've waived the contigencies and the seller has performed what they were asked to.

I did look at our contract and it doesn't specifically address this. It just says there is the right to have a walk through and that if there's any major damage to the house buyer can walk away.

Thanks
 


justalayman

Senior Member
They have signed a paper waiving all contingencies based on inspection, termites, water, chimney, etc.
I did look at our contract and it doesn't specifically address this. It just says there is the right to have a walk through and that if there's any major damage to the house buyer can walk away.

if the contingnecies have been waived, as you state in the first copied statement, tell them you have no intention of repairing anything else. If they walk, I would hope you have a substantial deposit and that your contract allows you to retain it as "liquidated damages" should the buyer refuse to perform.

If there is a contingency that might cover such situation, please post it. The items you mentioned are simply not "major damage".
 

mixtim

Junior Member
I'm unable to cut and paste from the pdf document, but the key language is that seller remains responsible for property pre settlement and that if "all or a substantial part of the property is damaged or destroyed" then the contract can be voided by buyer.

Also, just found another paragraph that says the sale is "as is" except as otherwise specified in the contract. I would imagine "otherwise specified" means items like the repair/replace addendum, and the buyer's right to conduct specific inspections and make demands thereon, all of which is found in the contract. So, another grounds for refusing to repair stuff that was never part of the repair addendum and after all contingencies based on testing and condition have been waived.
 

justalayman

Senior Member
the first section you refer to is to protect the the buyer from any subsequent damages after the walk through until closing. It is not intended as a means to discover any other defects that may have been ignored or missed by previous inspections.


and the second section referred to sounds like it has been met by the original inspection and demand for repairs.

I see no reason you would be required to perform any additional repairs. I would push for closing. If the buyer balks, refer to my previous post speaking about earnest money deposit.
 

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