How to help a buyer who won’t accept the property in its present condition
11/24/2015 | Author: Editorial Staff
My buyer client doesn’t want to accept the property “as is” in his offer on the One to Four Family Residential Contract (Resale). He would rather wait until after the inspection to list specific repairs he wants the seller to fix. Can I just leave both boxes in Paragraph 7D blank, or can I check Paragraph 7D(2) and write in Repairs to be listed following inspections?
Neither. Leaving both boxes blank in Paragraph 7D or altering the contract terms by adding language in Paragraph 7D(2) that doesn’t list specific repairs could violate Texas Real Estate Commission rules.
The buyer should only choose Paragraph 7D(2) if he knows of specific repairs that he wants the seller to complete at the seller’s expenses. Otherwise, the buyer should check Paragraph 7D(1).
Most buyers in this situation will also choose to pay a termination-option fee as provided by Paragraph 23 in exchange for the right to terminate the contract for any reason within a negotiated number of days. During this termination-option period, an inspection can be performed, and if specific repairs are identified, either the parties can negotiate to amend the contract to address these items or the buyer can terminate the contract.
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