There comes a time in most house sales when the buyer and seller have to decide who will pay for any necessary repairs.
Who should take care of it? As with all real estate matters, it depends.
Let’s say the inspection revealed a number of problems: The roof is leaking into the attic, the dryer's door doesn’t shut properly, a few windows are painted shut, the water heater is on its last legs and several window screens are missing or torn.
The buyer and seller agree that the most egregious of these items must be addressed. But who’s going to pay for the work?
Certainly, most buyers want the place move-in ready: no balky air conditioner, clanging pipes or half-working stove to deal with. Consequently, buyers tend to ask sellers to cover these repairs. But that’s not always the best option, according to many realty professionals: They say it’s often better to ask the seller for a credit at closing to cover the cost of the needed fixes.
“I usually recommend that my buyers request a credit instead of a repair,” said Illinois agent Alan May on the ActiveRain website. “The sellers, when doing a repair, will do so as cheaply as they can. As the newest owner of the property, you want to make sure the repair is done to your satisfaction.”
Therein lies the first rub. Sellers tend to spend as little as they can on the necessary fixes. Some even attempt to do the work themselves to save more.
“For sellers, repairs are often just another task to complete before the sale,” said Minnesota agent Bob Elliot. “No one will put more care and attention into fixing a new home than the buyers themselves.”
Buyers who still want the sellers to handle repairs should stipulate in the contract that repairs must be done by licensed professionals, and that paid invoices must be provided at closing. Also, there should be a time limit in which the repairs must be completed.
Without such a proviso, buyers leave themselves open to lousy or even faulty workmanship, which they will have to deal with after they move in. And without a time limit, closing could be delayed for weeks if the sellers drag their feet.
Sellers, on the other hand, are usually already focused on their next homes and don’t want to be bothered with repairing the ones they're about to leave. So it is often worth it to part with some money at closing and walk away scot-free.
But sellers shouldn’t agree to an amount until they have a fair idea of what the requested fixes would actually cost. They should obtain estimates on their own -- as should buyers, to make sure they are not undervaluing the cost. Otherwise, one side or the other may give away too much.
Both parties also need to be “very specific about what is expected and what will be done,” advises Hawaii agent Georgie Hunter. “You had better keep a written record of every detail and conversation.”
Buyers, meanwhile, should make certain their lenders will accept credits at closing for repairs. Some, like FHA-insured and VA-guaranteed loans, won’t. Indeed, the FHA won’t fund a loan unless the repairs are complete and paid invoices from licensed contractors are submitted to underwriters.
That brings to the table another option: The sellers can lower their price to match the amount on which they and the buyers agree is enough to cover the needed repairs. Unfortunately, that choice doesn’t put any cash into the buyer’s hands to get the work done. So if money is tight, it might be best to allow the seller to make the repairs.
Don’t just hope for the best: Be very descriptive in your requirements, demand that licensed contractors do the work (no handy homeowner fixes allowed), and ask for paid invoices to be presented at closing. Realize, though, you cannot require that repairs be made over and above what is called for in your local building codes.
Before settlement, have the place reinspected to make sure the repairs were done correctly. If possible, it is best to hire the original home inspector who flagged the flaws in the first place.
Visually, the fixes “may not be what you had in mind,” warns Virginia agent Pam Dent. But as long as everything is up to code, you're good to proceed.
If not, or if the repairs were not completed in the allotted time frame, the buyer has several choices: Postpone closing until the repairs are completed; ask the seller to put funds in escrow to cover the costs; request a credit from the seller to complete the work; or renegotiate what has to be done.
Obviously, this all involves a lot of give-and-take between the parties. You can always call it quits and move on, but don’t give up without trying to strike a deal. Take a deep breath and keep at it.
You’ve come this far, says Tennessee agent Tammie White, so don’t allow “a knee-jerk reaction to cost you the home of your dreams.”