Is A Request For Repairs a Counter-Offer???

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Real Estate Agent with Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate 303829;0225082372

When did a request for repairs under a Home Inspection Contingency become a Counter-Offer???  Or, did it???

Pam Crawford writes:

"What most buyers who are purchasing a home do not understand is that once you ask the seller to do something as a result of the home inspection, you are renegotiating the binding contract, and the seller could decide not  to sell anymore."  See:  http://activerain.com/blogsview/3388247/buyers-a-home-inspection-is-not-to-re-negotiate-the-deal-


That's a unique interpretation of the Home Inspection Contingency which has already been negotiated in the Contract of Sale.

There is "As Is" and there is "As Is".  Seems to me that, if the seller had no interest in a Home Inspection Contingency as a part of the Contract of Sale, they would have sold the property as banks do when selling a REO with the Home Inspection for the buyer's information purposes only and the understanding that the seller will MAKE NO REPAIRS. 

Unless the seller sells the home with this inspection contingency, any repairs requested by the buyer are pursuant to a Contract of Sale with a Home Inspection Contingency that has already been negotiated and accepted by the seller.

NOT A COUNTER-OFFER.  I do not believe that a Home Inspection Report requesting repairs is a Counter-Offer.  The seller accepted the Home Inspection Contingency as a part of the Contract of Sale.  The contract has already been negotiated and is not being re-negotiated.

What is generally not acceptable under a Home Inspection Contingency is when the buyer tries to renegotiate the price of the home based on the home inspection report.

We All Get That.

 

Home Inspection

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Re-Bloggged 1 time:

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  1. Winston Heverly 12/14/2012 01:28 PM
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Topic:
Real Estate Sales and Marketing
Tags:
home inspection report

Comments 69 New Comment

Ambassador
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Lenn Harley
Real Estate Broker - Virginia & Maryland
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate

Jim.  I'm not sure I understand your "contract for a contract". 

The contract containing the home inspection contingency is a fully enforceable legal contract, the earnest money has been deposited and it is a CONTRACT. 

It's the CONTRACT CONGINGENCY that permits the buyer to void the CONTRACT.  Not void the "contract for a contract".

 

July 31, 2012 03:30 AM
Rainer
192,550
Nan Jester
Realtor, Exit Real Estate Gallery
Exit Real Estate Gallery Jacksonville Beach, FL

You have a better understanding of the process.  My contracts here in FL specifically state there is a home inspection contingency.  We have an "AS-IS" contract for the situation where you can inspect all you want but it will not change the contract.

August 03, 2012 10:54 AM
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Lenn Harley
Real Estate Broker - Virginia & Maryland
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate

Nan.  Agreed.  Same here.

August 03, 2012 11:40 AM
Rainmaker
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Carla Muss-Jacobs, Principal Broker/Owner
Buyer Focused ~ Buyer Results
BuyersAgentPortland.com | (503) 810-7192 Portland Metro Exclusive Buyers Agent | 100% Buyer Representation ~ 100% of the Time

Your post was re-blogged and it's still timely as when written in July.  The Sales Agreement (contracts) used in my area outline that repairs can be negotiatied, or not.  Buyers can revoke their offer if said repair negotiations can't come to terms.  But they have a window within the inspection contingency.  I've only met one listing agent in my market that thought it was a re-negotiation of the offer. It's not, according to the language. 

December 14, 2012 01:35 PM
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Lenn Harley
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Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate

Carla.  I wouldn't consider it a counter either.

Price, terms and conditions are not a part of the Contract of Sale, but are within the home inspection contingency which is a part of the contract.

December 14, 2012 02:19 PM
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Lenn Harley

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