Category Archives: Contract negotiating when buying or selling a home

Important Real Estate Question Answered for Buyers and Sellers – Sacramento Hot Real Estate Market

“How is our Sacramento real estate market?” is a question I get quite frequently when talking to friends, past and new clients. Before elaborating on this question, I try to start with a simple answer, such as : “Well, it is a seller’s market right now.” This straight forward statement is immediately understood, but oddly enough, I have come across seasoned agents who still do not explain our purchase agreements to their buyers correctly and honestly.

 

One of my listings that I have sold for my sellers in three days with multiple offers. Yet, the buyer asked for $5,000 credit for repairs following the home and pest inspections, even though the repairs were quite minor. Their intention was to renegotiate on the price after the inspections, which should not be a buyer’s focus or hope when making an offer.

 

I have recently sold properties in Auburn, Rancho Cordova, Carmichael and acted as the listing agent, meaning that I represented the seller. On all the listings, I received offers at or above asking price with no mention about repairs on them, which is why I want to answer and clarify the following question for future homeowners, as well as sellers.

 

  1. Is the seller obligated to do repairs for the buyer after buyer’s home and pest inspections to name just a few?

    The answer is: NO. The seller can certainly choose to do some repairs, all, or no repairs based on the “as is” clause, or paragraph 16 that is in our contracts. Yet,  most selling, or buyers’ agents do not bother to explain this clause to their buyers, who will get upset and frustrated later, if sellers do not agree to do repairs.

16. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (i) the Property is sold (a) “AS-IS” in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer’s Investigation rights; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow.

With older homes there are more items that home inspectors point out on their reports. However,  our purchase contracts are written as is. You can always try to negotiate, but sellers do not have to agree.

 

The moral of the story for buyers and sellers:

 

  1. Buyers – Do not expect the sellers to bend over backwards to do repairs, or offer a credit. Be reasonable if you do ask for repairs and evaluate the repairs needed before making an offer in case sellers will not agree to do these repairs after your inspections.
  2. Sellers – I hope you will work with an agent who will fight for every dollar on your behalf and who will not make you do unnecessary repairs, especially if you are selling your home at a great price and have had multiple offers. Have your agents negotiate on your behalf, and feel free to refuse doing minor/petty repairs that come across on the famous, or most precisely, infamous Request for Repairs form. Yet, be flexible with repairs that are major or safety items, as it is not always easy to start with a new buyer and it will definitely delay the close of escrow.

 

For more info on running and real estate, whether buying or selling, please e-mail me at carmenmicsa@yahoo.com, or call me at 916-342-2446. Running for real estate with joy!