Home Buying in Costa Mesa>Question Details

Goldcart, Home Seller in San Jose, CA

Can buyer force seller to repair home after escrow close?

Asked by Goldcart, San Jose, CA Mon Jan 28, 2013

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Larry Weichman’s answer
Sounds more like small claims court. Try your agent to get some action, then go to small claims court if they did not represent something correct.

Larry Weichman
0 votes Thank Flag Link Mon Jan 28, 2013
No he can not, he can take you to court..that may get the seller to fix the problem...
0 votes Thank Flag Link Fri Aug 23, 2013
Okay I ready your comments and noticed that you are the seller not the buyer. I almost answered you incorrectly base on your question.

Yes in California a buyer have 12 months to do so. If the seller has left the state it is very difficult to do enforce it. The buyer can sue. They most likely will win if there was a failure to disclose. If the seller did not know about it, the seller may have an out.

It sounds like you are not using a real estate agent, while that sounds like a good idea, t for most people it really isn't. Especially since this cash buyer most likely has you discounting the price so you are getting less money than if you had hired an agent.

So doing a home inspection discloses all of the problems in advance and avoids the law suits

Also we avoid lawsuits because :

If the problem is dry rot, termites or moisture it may have been something the termite company is liable for. Do a termite inspection give the results to the buyer.

Most sales have a home warranty attached to it. The home warranty should cover almost everything else.

Get the warranty and do the inspections.

The buyer has 3 days to back out of the sale based on the home inspection and therefore is in position to renegotiate the sale with you. Once any repairs are disclosed the buyer can not come back and sue you later. They can back out of the sale and you can fix the item to keep them from doing that. If you are hiding problems you may be liable to pay their costs.

If you are not using an agent, you are still required to give the buyer disclosures, have escrow purchase the disclosure package, it is usually a hundred dollars or so. If the buyer does not get these disclosures again they have 12 months to come back and sue you.
0 votes Thank Flag Link Fri Aug 23, 2013
Not typically unless a written agreement is in place agreeing for it to be repaired after closing.
0 votes Thank Flag Link Mon Jan 28, 2013
Don't over think this sale....just have your agent put verbage in the contract that will protect you...such as "No warranty...no repairs...no guarantees, property is being purchase "As-is"...or whatever verbage is commonly used in your area.....since the buyer is an investor, I would not worry about court....the last thing they want is to appear in court.......you do not have to agree to repairs after an inspection....don't you have an experienced agent to help you with this or are you trying to sell the house yourself....? If you are, I would recommend hiring a broker to help with the sale and negotiate a fair commission for his/her assistance. Since you are providing the ready willing and able buyer...a fair amount would probably be around 3%........they will handle inspections, verbage and other things to protect you.....they also will handle any price reduction issues.....this will be a consultation fee.....not a commission on the sale....

Linda M. Lukas
0 votes Thank Flag Link Mon Jan 28, 2013
Unless something was already promised in a contract, no...the buyer cannot forcd a seller to repair a home after escrow closes. The two parties are done with one another unless one of them take a matter to the courts.
0 votes Thank Flag Link Mon Jan 28, 2013
Thank you all for the answers. We are just concern since the buyer is an Investor and the transaction is Cash. We don't feel good about dealing with this investor and was thinking if their home inspector came and inspect the house tomorrow and inspector could try to tell us that our home needs unnecessary repairs that the buyer would ask us to lower the price. Our house was build in 2000 and we have never found any issue or problem even now.
Can we refuse to lower the price then?
What would happen if we refuse to lower our price and refuse to repair or pay for those repairs?
0 votes Thank Flag Link Mon Jan 28, 2013
Hello Goldcart;
This is a very general way to put out your question. First, you need to ask your agent. second, if the repair or repairs you are referring has already requested in your request for repair before closing or not? Have noticed this issue/repair at your final closing. It is very " If and But" involved with this question. Therefore, please take this question with your agent or his.her broker.
Best of luck
Shadi Kian
DeltaMax Mortgage/Realty
0 votes Thank Flag Link Mon Jan 28, 2013
You need to talk these issues over with your agent. The buyers agent is there to answer all your questions. If it was agreed to during escrow then it should be taken care of unless it was taken back out at some time during escrow. Talk to your agent first to see where you stand.
0 votes Thank Flag Link Mon Jan 28, 2013
This question is not easily answered. More details are necessary and what promises were made in writing. The easy answer is...if promises were made in writing, the answer is "yes"...if no promises were made in writing, the answer is "no". That is the easy answer without knowing the details....care to talk about it? Give me a call

Linda M. Lukas
0 votes Thank Flag Link Mon Jan 28, 2013
That sounds like a legal question, which is best asked to an attorney.
0 votes Thank Flag Link Mon Jan 28, 2013
Only if the sellere new about it and didn't disclose it throught the TDS. Let me know if you need any furhter information. 714-675-5283
0 votes Thank Flag Link Mon Jan 28, 2013
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