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Amla, Real Estate Pro in

If seller doesn't respond to Request for repair (CAR RR form) within time period specified in RPA 14B(1) than should buyer wait beyond deadline?

Asked by Amla, Sat Sep 18, 2010

Dealing with a bank with 10 day inspection. Sent RR#1 over the weekend. 14B expires over weekend. Should the buyer wait for seller to respond and run the risk of no response? In that case is it wise to wait for seller's NBP before cancellation?

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Hello Amla,

The banks are most often slow to answer on repair requests.

Since the Buyer has put in a RR(Repair Request) that should take care of any 'passive' agreement clauses (as in no action from the Buyer) in the banks addendum but I would include an ETA (Extension of Time Addendum) just to be on the safe side.

In CA the Seller doesn't even have to acknowledge the RR but since they want to sell they probably will. What were the items that your client requested repaired, how good is their offer and were there multiple offers when theirs was accepted? The answers will effect the banks response.

Some things to think about:
How long does your Buyer have to wait? I had one RR take over a month for a response and that isn't unusual.
How important are the repairs to your Buyer? Would they still purchase the home if the bank said 'No'?
And most importantly, are the items requested 'Lender Required Repairs'? Most of the selling banks will only do the 'Lender Required Repairs' and many of the lending banks are starting to ask for a copy of the Home Inspection so that may help you out.

Best of luck,
Trevolyn
0 votes Thank Flag Link Sun Sep 19, 2010
If this is an REO --- there must have been a separate contract specific to the bank. Is there something in there that says the sale is strictly AS IS, and as such the banks will not agree to repair/replace anything?

The only thing that may get their attention is if the request for repair/replacement is due to a safety and hazard issue identified by the inspections you've hired professionals to do.

And....if this is an REO, they do respond a little slower although when it's their turn to ask, they expect you to jump through the hoops, and if you miss deadlines, they charge per diem fees :(

Make sure your agent is in constant contact with the REO agent who has a direct line to the bank's asset manager. You don't want to take anything for granted.

Good luck!
0 votes Thank Flag Link Sun Sep 19, 2010
Funny, it's boys vs. girls on this question. I agree with the ladies to wait for the response from the bank, especially because it is over the weekend-- the asset manager will not have even seen it yet. In fact, I would be prepared to wait a couple days beyond Monday because banks are often very slow to respond-- that is, don't think it "means" anything if you don't hear anything, because oftentimes the asset manager has to clear your request with people higher up the food chain. In my experience, a bank has never enforced a "passive" contingency removal (which I heard may be unenforceable in CA) as long as the buyer is making efforts to move forward.
0 votes Thank Flag Link Sat Sep 18, 2010
This is frequently overlooked but the Seller does not have to respond to a Request for Repair. What you are putting in is a "request" and nothing more. Remember the property was offered for sale in "as is" or "as disclosed." If the bank does not respond to your request, you are still bound by the terms of your contract. As stated by others do not ignore the contingencies especially if it is a "passive" removal of contingency.

Bob
0 votes Thank Flag Link Sat Sep 18, 2010
John has given you the most important tip. As you appear to be dealing with an REO you have probably already accepted their personal "Counter Offer/Addendum" which typically makes numerous fine detail changes to your initial contract. If not already done read this very carefully as it will often be strictly illegal in California but you risk a real mess if you do not adhere to it.
Good luck,
Bill
0 votes Thank Flag Link Sat Sep 18, 2010
It sounds like you are buying an REO. You better be on top of the contingency period. Many REO Seller addenda change contingency release to Passive.
0 votes Thank Flag Link Sat Sep 18, 2010
I agree with Monique as long as its within the 10 day inspection period (or otherwise specified) wait till they respond
0 votes Thank Flag Link Sat Sep 18, 2010
Hello Armia,

I would wait for a response. As long as you have active contingencies they have to be removed in writing then you should wait past the 10 days at wait until the seller responds to your request for repair.

Best,

Monique Carrabba
The Carrabba Group
Keller Williams Hollywood Hills
mcarrabba@kw.com
(323) 899-2900
0 votes Thank Flag Link Sat Sep 18, 2010
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