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Who Should Fix Problems the Inspector Finds?

by Gary Kent / Monday, 31 December 2012 / Published in Q&A - Home Buying Questions

Question:

“I was in escrow buying a home and had the home inspected. The inspector found several items that he told me the seller should fix. But the seller refused to fix them all, including a broken pool heater and replacing the roof, which was old but didn’t leak. I wasn’t too happy when they refused to take care of them, but backed out. But now I think I made a mistake. Do you think I should have bought the home?”

Answer:

The first thing I’ll tell you is that your inspector was totally out of line saying “the seller should fix” anything.

His job is to tell you WHAT needs to be fixed, not WHO should fix it. That’s a matter of negotiation.

The only things the seller is required to do are:

  • Have operative smoke and carbon monoxide detectors in the sleeping areas
  • Have the water heater properly strapped for earthquakes

So, who should fix any other things the inspector finds?

Depending on what’s needed, if you’re getting a good deal and/or love the home, you can ask. But you should probably buy it whether the seller fixes anything or not.

On the other hand, if you’re paying top dollar and aren’t in love with the home, perhaps you should insist on repairs for significant items and walk if they’re not done.

Either way, just remember you’re not buying a new home…unless you’re actually buying a NEW home.

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Tagged under: ask gary kent, escrow, home inspection, san diego home buying

About Gary Kent

Licensed since 1984, San Diego real estate broker Gary Kent is a recognized authority on real estate. In addition to selling over 5,500 homes for clients, he has been an expert court witness, trainer of other agents, and he does seminars on home buying, home selling, and investing. Gary has sold homes for The Salvation Army, dozens of major banks, and Fannie Mae, amongst others. You can find Gary on Facebook, Instagram and YouTube.

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