How To Deal With Defects In A Home

Provided by Jay Burnham, VP
Coldwell Banker Residential Brokerage

Most buyers have homes thoroughly inspected as a condition of their purchase agreement. What happens if the home inspection turns up defects? Few homes are free of defects. So if the defects are correctable, you should plan to proceed with the purchase, as long as the price is right.

First find out how much it will cost to fix the defects, and then determine who will pay for the repairs. It's quite common for buyers and sellers to go back to the bargaining table after inspections.

There are several approaches you can take. If time permits, you can collect repair estimates from reliable, licensed contractors before you remove your inspection contingency. Then, remove your inspection contingency from the contract with a condition that the sellers complete specific repairs according to the contractor's bids.

The sellers will either accept your proposal, reject it, or propose an alternate solution to the problem. If they won't do all of the work, they might offer to share in the cost of repairs. Or, they may agree to do only some of the repairs. The sellers might want to collect more estimates to see if the work can be done for less, so you should allow the sellers several days to think about your proposal.

HERE'S A TIP: Your purchase contract should determine what your options are if the sellers refuse to do any repair work. In most cases, you will probably have a choice to make. You can go ahead and buy the home, and pay for the repair work yourself. On the other hand, if the home is too expensive, considering the necessary repairs, you should have the right to withdraw from the deal and find another home to buy.

Some sellers feel responsible for repairing "health and safety" defects like dangerous, electrical wiring. So don't be afraid to ask.

But, regardless of what you ask the sellers to fix, expect that they may be upset by your requests. Many sellers have a strong sense of "pride-of-ownership". They may have a hard time accepting that what has been good enough for them is not good enough for you. It's unreasonable to ask the sellers to fix every defect that your inspector uncovers: no house is perfect. Nor should they be expected to remodel or upgrade their home to your specifications. Prioritize the list of defects, and concentrate on working out a satisfactory resolution to pressing problems.

One issue that arises during inspections of older homes is building code violations. An older home may have been built to the code requirements at the time, but these may be out-of-date today. Sellers shouldn't be expected to bring an older home up to current code, unless it's required by law. But, be aware that if you are planning further renovations to the property, that the building inspector might cite you for non-code-complying work. This means that you might have to correct these defects at a later time in order to comply with building department requirements.

Sometimes inspections reveal that systems aren't defective--they still serve their purpose. However, they could be at the end of their useful life. It may be unreasonable to expect a seller to pay the entire cost of a new system (such as a furnace) if the current one is still working; it's just old and inefficient.

IN CONCLUSION: If the system is truly decrepit, you may be able to negotiate a credit from the seller, or a price reduction, to help pay for a new system at some time in the future.


 

JAY BURNHAM, VP
Coldwell Banker Residential Brokerage
PREVIEWS International
® Property Specialist

54 Dodge Street
Beverly, MA  01915
978.233.2828

Designations Earned: CRB, CRS, GRI, RECS, SRES

 

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