Home Buying in New Jersey>Question Details

Mike, Home Buyer in New York, NY

Our attorney just sent our inspection report along with a list of items that we are asking the sellers to fix to seller’s attorney.

Asked by Mike, New York, NY Tue Oct 9, 2012

Is it our attorney’s job or realtor’s job to negotiate with the seller on the items to be fixed? Who will play a bigger role in the negotiation on repair or credit back?

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I always advise my clients to speak with their attorney regarding their list of repairs so that it can be put in writing to the sellers.
Then, I find when there is a stalemate, Realtors do the best job getting the negotiating done. I've always said, "leave it to an attorney to kill a really good deal!"
It's all in the style. Agents seem to be able to get the job done!
Good luck!
Web Reference: http://www.dianeglander.com
0 votes Thank Flag Link Tue Oct 16, 2012
Let us know how it works out..........based on your reply to me.......as you can see, this part of the sale can go forwardwith or without the agent's intervention.
In your case, as you stated, you didn't turn to your agent.....for lack of time, or whatever reason, when coming up with your requests.......so your agent was out of the loop on that one........the seller may repsond the same way, with just the attorney's input.

It's difficult to say which way is "better", as a lot has to do with the personalities involved.
Not everyone is level headed during these negotiations........not every attorney spends time discussing the items one by one (I have had attorneys who simply send out the report and check off EVERYTHING the inspector noted)..............so...............let's hope your list was a resonable one, and that the sellers will repsond in a like manner!

Good luck
0 votes Thank Flag Link Wed Oct 10, 2012
either can negotiate. In my experience realtors have a better success rate at working it out than attorneys
0 votes Thank Flag Link Tue Oct 9, 2012
This really depends a lot upon how pro active your agent is. I review the inspection report (I'm always at the inspection anyway) with my client. We discuss what is important and what we would "like." We also consider a "throw away" list of give backs. Then my client and I both discuss it with the attorney. Since it is in attorney review or UC contingent upon the inspection (and keep in mind, the seller is not obligated to do anything but they will if they want the sale unless it is a "short" or "as is" sale), the attorney should send a letter to the seller's attorney with the list of required repairs. At this stage, it is beyond the negotiation phase between agents. That doesn't at all mean that your agent should not be advising you every step of the way. This is a critical phase and his/her expertise is needed to understand how to successfully move to the next step.
0 votes Thank Flag Link Tue Oct 9, 2012
Good question Mike!

And, its a question that can have several answers, as it can play out in various ways.

Much will depend on the sellers, their attorney-relationship and their relationship with their agent.

I always prefer when my sellers bring me into the post home inspection discussion, and we go over the list together, as I will let them know my take on what is and isn't a typical or appropriate expectation..........however, sometimes the attorney takes over and the sellers respond through him or her without asking my opinion.

I would suggest that your agent reach out to the listing agent to see what their response was to your requests. This way you will be able to ascertain how involved the agent will be........or if your attorney will hear directly from the other attorney with little or no agent input.

So........out of curiousity - did you speak with your agent before making the list of inspection items you want addressed.......or did you simply ask your attorney to send out your list, after a discussion with him or her?

Good luck!

ps... this part of the transaction can actually be more anxiety-producing than the initial negotiations!!
0 votes Thank Flag Link Tue Oct 9, 2012
Thank you all for your response. To answer Debra’s question, we did not discuss the list of inspection items with our agent. When we got the inspection report, we only had a few hours to make the list and send it out to the seller’s attorney.
Flag Wed Oct 10, 2012
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