One of your options is tell the seller you aren't going to close. Another option as another agent said, is have the seller put money into escrow with the title company so that you can have the problem fixed after closing. It is always better to have things corrected before going to the closing. That is my best suggestion. Going ahead and fixing the problem after usually is a biggger headache than if it was dealt with before signing at the closing.
I once had an issue and my buyers decided to close. Even though there was a problem that was supposed to be dealt with after closing, the sellers said "sorry, not our problem anymore. We don't own the house." It all worked out, but it got very ugly to the point attorneys getting involved would have been the next step.
Is this a very minor repair or major? If it is like clean the gutters I would say just close if you are comfortable with that..it is minor, if it is replace the roof don't sign anything until it is taken care of!
I hope this information helps! Best Wishes to you!
If the market in your area is similar to the rest of the country, the seller would be foolish to walk away from the sale.
Another suggestion is to find out the real reason why they will not take care of it. It may just be a $ factor and it cannot be done.
This goes back to the issue of whether the seller agrees to make the repairs. I'm sure the seller's agent would encourage them to make the repair, but they may refuse saying that their contractor thinks it's not necessary. And then I'm between a rock in a hard place because if I don't close I lose the deposit, and if I do close, I have to sue to get the repairs paid by the seller.
My agent is saying that if the problem happens, we'll deal with it at that point.
"you have all the right to know what exactly is the problem BEFORE you close on the property."
The problem is that if I know the problem a day before closing, is that really enough time? I'd rather know a week before closing so it can be sorted out properly rather than rushing through everything.
According to the escrow people, if they refuse to fix I can walk away but would lose the deposit. So it seems like no matter what I have to go through with the purchase and sue afterwards. However, most likely it won't need to be fixed (according to their person), and if it does, they'll address it fairly by fixing or crediting back. I tend to assume the worst with things and just hate waiting so long to find out what is going on.
Magda is correct. So what you have is a choice. You are both bound by the contract and the repair was an amendment to that contract. So you actually could walk away and get your money back. It is a hard question that is put on you. I would suggest consulting your agent and if need be an attorney. At any rate I would postpone the closing since if you close you accept it as is.