Home Buying in 35801>Question Details

Atltohsv, Home Buyer in 35801

Is "no repairs after inspection unless its a safety issue" an unusual clause to put in a contract? Offering to buy at listed price.

Asked by Atltohsv, 35801 Tue Sep 27, 2011

The seller did agree to do some exterior work--painting, replacing some damaged siding--but the inspection report is back and there are some real problems that weren't apparent on the surface. I don't think she knew many of them--she's only had the place for 5 years, and I know some of the issues date back to when the condo was built in 1988. Others were, like the broken garage door (which I didn't see because the door opener wasn't available). I feel a bit ripped off.

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7
That is not a common clause in our sales contracts in Huntsville. I hope you are happy with your new home now.
Web Reference: http://4salehuntsville.com
0 votes Thank Flag Link Wed Oct 12, 2011
I did agree, with the addition of language that included any major structural or foundation issues. My agent said that in reality, I could ask for any repairs that I wanted. I heard back from the seller today on my request for repairs, and she did unhappily agree to do all the major work (roof that had been patched but not repaired, garage door, leaky water heater, among others). I guess I'm just suspicious--after I signed the contract, I learned the condo had been on and off the market for three years with no buyers. The inspector was very thorough, but I just wonder what about the place made it such a non-starter. I am happy with the purchase, just a little wary.

Thanks for the responses, everyone :-)
0 votes Thank Flag Link Thu Sep 29, 2011
Timing is everything. Did you agree to this?
0 votes Thank Flag Link Thu Sep 29, 2011
almost any repair you ask for can be spun into a safety issue. We don't know the specifics of the contract, so we can't really answer your question fully.

Broken garage door can be a safety issue - if it's not secure someone can break in, etc.

I wouldn't necessarily stay away from the home. I'd first find out why it's being sold that way, is the seller just in financial distress? And can you back out if you're not happy with the home inspection? You also need to find out what you have to lose. In my state, the only thing the buyer stands to lose in this situation is the home inspection $$ & their time.
0 votes Thank Flag Link Thu Sep 29, 2011
No repairs after inspection, unless... is a way of trying to forestall any requests from you for repairs.

Not being from your area, I'm not sure if that clause it binding (it would not be here in the Chicago area)... here, you could still ask, and they'd be within their rights to decline.
0 votes Thank Flag Link Tue Sep 27, 2011
Alan May, Real Estate Pro in Evanston, IL
MVP'08
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It is definately a RED FLAG for an owner occupied unit. I would avoid unless they are willing to waive it. For bank owned buying as is is common, but not common for owner occupied.
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Tue Sep 27, 2011
Yes, it is an unusual clause and one to stay away from.
Web Reference: http://www.golftobeach.com
0 votes Thank Flag Link Tue Sep 27, 2011
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