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Who chooses the repairman?

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Two hands shaking in the foreground with a woman holding a clipboard with a piece of paper that says CONTRACT in the background

07/09/2015 | Author: Editorial Staff

My seller client has an executed contract with a buyer. After the buyer completed his inspection during the option period, the buyer asked my client to make several repairs and to use a repairman the buyer chose. My client agreed to complete the repairs, but does he have to agree to use the buyer’s repairman?

No. TREC contracts require the seller to complete the agreed repairs before closing, but the contracts don’t provide for the buyer to designate who makes the repairs. 

Note that the Completion of Repairs and Treatments Paragraph in TREC contracts requires the seller to either use someone who is licensed to make the repairs or, if no license is required by law, the seller must use someone who is commercially engaged in the trade of providing such repairs—unless the buyer and seller agree otherwise in writing. 

This doesn’t mean a seller can never use an unlicensed handyman for electrical repairs. It means the seller must use a licensed electrician unless there is a written agreement between the buyer and seller to use that unlicensed handyman for electrical repairs. 

Read more legal FAQs on texasrealestate.com

Categories: Forms, Legal, Buyers, Sellers
Tags: inspection, repairs, buyers, sellers, forms, legal, legal faq

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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