Q: We just got our home inspection report back, and it is much worse than we expected. There are issues with the roof, the air conditioning and “possible electrical problems.” We love the house, but we are starting to feel like we are buying somebody else’s problem. Can we get them to fix things, or can we walk away without losing our deposit? — Anna
A: Most residential purchase contracts include an inspection period that gives the buyer the right to examine the property and respond to what the inspection turns up.
During this window, you generally have three options, depending on the terms in your contract. You can ask the seller to make the repairs before closing. You can ask for a price reduction or a closing credit so that you can handle the repairs yourself. Or, if the issues are serious enough and the seller will not work with you, you can cancel the contract and recover your deposit.
The catch is that the window is short, and once it closes, those options close with it.
Everyone purchasing a new home should be thoroughly familiar with the contract they signed and all of the deadlines and contingencies it contains.
Put together a focused list of your biggest concerns and attach the inspector’s report. Sellers tend to dig in when they feel ambushed by a long list of minor findings. However, many will engage when they see a short, reasonable ask backed by a professional report.
In most cases, asking for a closing credit will get you further than asking the seller to coordinate contractors. The seller would rather hand you money at the table than manage repairs on a house they are leaving, and a credit lets you choose your own people and supervise the work.
On the electrical note, do not plan based on a guess. Bring in a licensed electrician for a focused evaluation, and do the same for the roof and the air conditioning if the inspector flagged serious concerns.
A general inspector identifies issues. A specialist tells you what the fix actually costs.
These secondary inspections can be even more important than the original one. If necessary, ask the seller for more time to complete them.
If they are needed and the seller will not agree to a brief extension to properly flesh out the issues, your best bet is to cancel the deal.
After you have the necessary information, if the seller still refuses to engage, don’t be afraid to just walk away.
Sometimes your best purchase is the thing you did not buy.
Just make sure your cancellation is in writing, delivered within the contingency period, and follows the procedure outlined in your contract. Missing a step or blowing the deadline is how buyers lose deposits in disputes that should have been simple.
It is easy to fall in love with the dream of what a new house will bring to your family, but loving a house is not a strategy. Run your numbers against the worst-case repair estimates, and ask yourselves whether you would still want this home at that price.
If the answer is yes, negotiate firmly.
If the answer is no, step away with your deposit and your peace of mind, and trust that the right home is still out there.
Story by Gary M. Singer, South Florida Sun Sentinel. Distributed by Tribune Content Agency, LLC.
Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar. He practices real estate, business litigation and contract law from his office in Sunrise, Florida. He is the chairman of the Real Estate Section of the Broward County Bar Association and is a co-host of the weekly radio show Legal News and Review. He frequently consults on general real estate matters and trends in Florida with various companies across the nation.
