As Is ----- means As Is. Your agent can still ask for repairs and threaten to pull out of the deal but the seller was very clear from the start As Is. The choices are 1. buy it as is. 2. Buy another.

Hi
Alan is correct if you wrote your offer on a California Association of Realtors contract form - the sale is "as is". What type of repairs are you requesting?

Hi,
As many have already said, the seller is NOT required to make any repairs, but, it should be made VERY clear to the seller's agent that unless these repairs are made, you will walk. Plus, the problems will be required to be disclosed to any future buyers. Usually in todays market, once the seller understands these facts they may be more willing to deal.

Socalhomebuyer,

Seller has the right to refuse the repairs, but that same right also gives him the right to be unable to sell his home in a challenging market!

Let me share a short story with you about bad choices: I had a seller list his house with me for $125,000 (I had to wrestle him down from $140,000). After 5 months and only 4 showings, I received an offer for $115,000, but the buyer requested about 3% in repairs. My seller said "NO WAY" I need to get $40,000 out of this home and the 3% pushed him under that number.

Long story, short: The house went to forclosure and sold for $70,000 this year (2 years later). He was so angry that he would only get $36,000 in proceeds, that he ended up with nothing.

Never underestimate that the seller that you are dealing with might just be unrealistic to the point of self defeat.

The bottom line is this, if you really like the house and he won't budge, buy it. If it is a good house, but you think that you can find something else, walk away. There are always more fish in the sea!

BTW, anytime a seller says "need to get", there will always be toruble with the deal.

I would walk away, so many houses on the market to choose from, why bother with this seller?!

Accepting a home at asking price and buying "as is" in the current market is not crazy if the price of the home represents a good value.

On the other hand, as is noted below, a 2% allowance for repairs isn't trivial for the seller, and probably not for you, either. Further, the seller is completely and absolutely within his rights to refuse to pay for any repairs.

As the others say, you can try to negotiate.

Failing that, the only question is: "Is the asking price a fair price for the house in its current condition?" If yes, buy. If no, don't buy. It really is that simple.

In the California Association of Realtor's Purchase Contract, Parage 7 A, it states that "Unless otherwise agreed: (i) the Property is sold (a) in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's investigation rights..." The property doesn't have to be listed "AS-IS" but when you made the offer with the CAR contract, you made an "AS-IS" offer.

It'll be up to negotiations whether the seller will pay for the repairs or not. Hopefully the property has been on the market for a long time and you have the upper hand. As many have also stated, not knowing the purchase price, we really don't know what the 2% means.

I'll be interested to know how this is resolved in the end! Do keep us posted!

Unfortunately in your case, the seller does have the right to refuse any repairs requested by the potential buyer, with that being said, it is also the right of the potential Buyer not to move forward with the purchase if a "meetings of the mind" is not met. It basically comes down to which party wants it most...does the buyer want the house more than the seller wants to sell...or vice versa?

Hi there So Cal Home Buyer. The Seller does have the right to refuse any request for repairs especially if the seller feels the house is worth more. In reality in my experience anyway most sellers will work with the buyers request for repairs or offer a credit on the major items. But they do not have to. This is where negotiation comes in. Try to look at the request for repairs and examine which ones are major and which one are minor. But 2% of the purchase price would be considered a lot to request of repairs. Negotiate, Negotiate and Negotiate

Hope this is slightly helpful
Michael Barron
First Team Real Estate
(714) 552-6817

In the marketplace we are today, a buyers market, buyers are asking for a LOT, and getting it lots of the time. In certain areas where there are lots of reos and foreclosures sellers feel a lot of pressure to say yes to buyers demands because they are afraid to lose the deal. But, in other areas, where prices haven't declined so drastically sellers are holding their ground. Credit for repairs is not a 'gimme" or assummed. It is a negotiation.
Make sure if you are asking for repairs/creidt that you do it within your contingency period. Otherwise if they say no and you walk, they may be entitled to your earnest money deposit.

Like one of the answers said below. This is a very emotional time for sellers and they treasure their home. Sometimes these rquests can feel like a slap in the face to them. I know buyers don't mean it that way.
As agents we know it is just business but that is difficult to convey to sellers who may be facing feelings of ambivelence saying goodbye to their castle.
Sometimes they will walk away from a deal and leave money on the table over "principle"

Also, I agree that 2% is not a trivial amount. I have a listing for 965k on the market and I know my seller wouldn't consider a credit for nearly 20k for even a second.

I tell you all this not to pressure you one way or another, just to give you my experience and insight from working with both buyers and sellers over the years.

Good luck with your deal!

Robert Miller writes "All homes are sold in "as is" condition in California."
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This is not actually the case. In all cases where a home is sold in "as -is" condition it only means as-is disclosed. You the buyer have the duty to inspect the property prior to the close of escrow. This is your due diligence period. You have the right to ask for repairs to be done but the seller has the right to say no if they want to.

Socalhomebuyer,
I believe Wells Fargo has a semi - permantent rehab loan program that might be a smart move. I would get a home inspector to do an inspection and I also advise getting a contractor to give you an estimate of necessary work. Submitting this information with your offer may make the offer easier to get accepted. If you can ask the seller to pay some points to buy down your loan, you may be able to have lower monthly payments and do the repairs yourself. One point is equal to 1% of your loan amount and can reduce your interest rate by about 1/4%. Two points is 2% and reduces the motgage interest rate by about 1/2%. Since this would be based on the loan amount and not on the sales price, the seller would be giving up less. Your offer could request either the repairs or the interest rate buydown, so the seller would have a choice. I have the names of contractors and home inspectors if you need them.

All homes are sold in "as is" condition in California. It doesn't have to say it in the listing. However this isn't to say that sellers are making repairs or concessions. Based on an average sales price of around $500,000., 2% represents $10,000. That is a good chunk of change in a transaction. Is this a seller who is selling on his own, or does he have representation? That can make a big difference when negotiating.

Like what was said earlier, you have to decide how badly you want this home. If the repairs are major, you may want to rethink how you can get them done less expensively. If it's a lot of minor repairs, you may be able to do some of them yourself. It's hard to come up with a real solution without all the facts, but maybe there is some negotion on repairs that are crital or issues of health & safety.

Robert Miller
(858) 437-2400

Everything's negotioable but this is nothing new that a seller does not want to be bothered if the property is priced according to condition. Don't give up though. Creative financing is possible have the repair $$ rolled into your mortgage amount. There may be a few ways to accomplish this, ask your realtor and/or lender.
Good Luck!

For some homeowners, their home is their "castle." If a homeowner has an idea of the state of his or her home, and it does not align with yours, then it is more difficult to reach an agreement. Additionally, the seller my have already factored the cost of repairs into their seling price, lowering it so they would not have to do repairs.

As for relisting after you walk away....it doesn't matter. What matters is how much you want the home, and if you can come closer through some continued discussion with the seller. ASK, ASK, ASK, is my opinion. Try to gain some understanding from the seller why they are so recalcitrant, and if you are successful, then this home may well be yours soon.

Don Reedy

I don't work in your area so I cannot speak as to the market conditions.. The seller may be in a situation in which they are unable to make the necessary repairs. I assume the contract was cotingent on a favorable inspection. You need to speak to your realtor.. It may be time to renegotiate the sales price if they are unwilling to make the necessary repairs. If you really like the house, you need to decide if you are willing to make the repairs or walk away. In our market, sellers are willing to make the repairs, as well as offer other concessions in order to get their home sold. Best of luck.

It is all in the negotation. Common practice will vary by local and the market conditions. You agent has a duty to you to give you the real information on what he learns of the seller's intentions. No one will tell you that it's crazy. It is up to you now to proceed or not. If there are other houses just as good without any repairs at the same price you will walk if not then you won't.
Try not to make emotional decisions. They usually turn out to be the wrong decision