How long does seller have to respond with answer, if they will make repairs from inspection? Does option period ends when inspection begun?

Asked by Overwhelmed, Austin, TX Fri Sep 2, 2011

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Les Sherman,…, Agent, Austin, TX
Sat Sep 3, 2011
It appears you may be buying your home without the assistance of a Realtor. You may want to hire an agent to guide you through the remainder of the process if you are uncomfortable with the details. These are the type details that make an agent invaluable to a purchaser. The seller does not have to respond to your request for repairs, so you should be prepared to terminate your contract prior to the end of your option period if you are not willing to accept the property in it's "as-is" condition. If you pass through the end of your option period without any response then you have just purchased the property in it's current condition and will be in default if you don't complete the transaction; however, there are many other variables that play into the scenario, of which you should discuss with your agent to make sure you are fully protected.
3 votes
Phillip Baird, Agent, Austin, TX
Fri Sep 2, 2011
The seller doesn't have to respond at all. Your option period is stated in the contract, regardless of whether the seller responds or not. You should discuss this with your agent. If you don't have a buyer's agent, get one. The seller's agent does not represent you and your best interests. And, the seller pays all realtor commissions so essentially you get your agent for free. Call or email me if you don't have a buyer's agent already. I would love to help you.

Phillip Baird
Keller Williams Realty
fax: 512-623-6032
2 votes
How long does a seller have to respond when they recieve an offer (when the potential buyer is waiting with their fingers crossed)
Flag Sun Sep 17, 2017
Also, having a buyer's agent doesn't guarantee you will get all of your questions answered that come up or in a timely fashion. My suggestion is: interview, interview, interview any agent you may have act on your behalf as a consumer because the buyer's agent is working for their own bread and butter, not for the best interest of the buyer. Be careful who you have representing you and pay attention to anything that goes into your contract, especially particular wording.
Flag Thu Nov 12, 2015
I disagree...Buyer's do not get there agent for free. Reason being, without the buyer, the seller wouldn't have the money to pay anything, unless they have liquid cash. But...the cash is coming from the sell of the property, which someone has to purchase with their money.
Flag Thu Nov 12, 2015
I have had 3 buyers agents. They were worthless. Caused me to lose a home because of their stupidity, did absolutely nothing and walked away with a boat load of money. Do it yourself.
Flag Fri Jan 16, 2015
Don Groff, Agent, Austin, TX
Tue Sep 6, 2011
They should get back to you within a reasonable amount of time and it would have to be during the option period so you can decide if you would like to proceed with the purchase depending on what agreement you can both come to regarding the repairs. While technically they do not have to respond this just doesn't happen. Seller's will respond to your requests. If you are using an Agent and you should be, they would be in contact with the other party to ensure you will get an answer and can hopefully come to a mutually acceptable agreement. If they are delaying their response you first need to find out why and if necessary extend your option period to account for this. All agreed upon repairs need to be completed by closing unless otherwise stated in the contract.

Don Groff
REALTOR® | Mortgage Broker
Keller Williams Realty | 360 Lending Group
o.512.669.5599 m.512.633.4157
1 vote
Freddy Ormand, , Austin, TX
Fri Sep 2, 2011
There is no time limit for the seller to respond, unless your amendment required a time limit response, in which case the contract would become void upon failure to respond.. You have the right to cancel the contract (should be in writing) at any time prior to their response, if you desire to persue another plan of action. Your option period expires at midnight of the date specified in your contract. You should consult with your agent or an attorney about your plans and options.

Fred Ormand
Fred Ormand Realty
1 vote
Pippa Lambert, , Austin, TX
Fri Sep 2, 2011
OW - your option period expires when your contract specifies so. It is reasonable to expect the Seller to respond to your repair requests with enough time left for any further counters. Do make sure your earnest money is protected, though, regardless. Your agent can help you with this. Good luck!
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1 vote
Deven Siggins, Agent, Santa Cruz, CA
Mon Sep 12, 2016
According to CAR Form Res. Purchase Agreement
14 B 3
Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in paragraph 14A, then Buyer has 5 (or )Days After Delivery of any such items, or the time specified in paragraph 14B(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement.

So the way it reads to me is - You must give your request for repairs before the inspection contingency period is over. Normally 17 days. After that you get a little break. Once the seller responds to your request you have 5 days to remove contingency or cancel.
0 votes
Charmaine, Home Buyer, Kerrville, TX
Mon Aug 17, 2015
buyers agent has submitted amendment to option period on last day & sellers are unreachable .
option period expires @ 11;59..... what happens with contract
0 votes
basha, Home Buyer, Madrid, NM
Wed Oct 23, 2013
Your realtor sets the time frame. Mine gave the seller 24 hours. It was part of the acceptance of the offer contingent on inspection and repairs. Request for repairs need to be reasonable. If it's something you can fix, then don't botch a sale over it unless you want to botch the sale over a glass globe that's missing from a ceiling light fixture. Good grief. The seller doesn't have to fix anything UNLESS it's a major deal and some lenders require the seller to repair before they'll fund. If it's a cash deal then it's up to the seller to decide whether or not they want to sell the place bad enough and they might not budge in doing any repairs. If the house was listed "as is" then forget it. You're on your own. I've bought and sold many properties and this is my personal experience with the inspection repairs.
0 votes
John King, Agent, Helotes, TX
Mon Sep 5, 2011
The seller is under no obligation to respond at all. While this may not be considered "nice", it is the bottom line.

If repairs are desired in order to proceed with the contract, you need to get them submitted ASAP and prior to the end of the option period. That is what the option period is for.

It allows a buyer, to obtain a competent inspection and to ascertain if the home meets their guidelines in regards to condition.

If it does not, then have your agent negotiate these epairs or price adjustment prior to expiration of your option. If the seller does not want to negotiate these items, as they are not required to, you can exercise your option (if you have one) and back out, or proceed with the transaction as is.
0 votes
Diane Anders…, Agent, Lakeway, TX
Sat Sep 3, 2011
There have been some great answers given on this question already so I thought I would throw out one more point.
I had an agent wait until 10pm on the final day of the option to make her buyer's demands of my seller. I did not receive her demands and Amendment until the next morning when I opened my office. Whereas my Seller felt badly for the Buyer's and granted them the couple things they wanted, it could have gone far worse for them. My Seller could have asserted that no Amendment had been issued at all because it came in on the last day and after regular business hours. In this scenario, not only would the Buyer's have lost out on getting any of the items negotiated and fixed but worse, because they had not formally withdrawn from the contract, (the other half of that option, the right to withdraw and receive their earnest money back in full) their earnest money would have gone “hard” and they would have been obligated to purchase. Their only other way to get out of the contract would have been due to the loss of financing or the inability to do so given them in the Third Party Finance Amendment. Moral of this story, get on with the inspection and submit well before the deadline date, you are in a much better power position to get your way.
0 votes
Vanessa Nunez, Agent, Austin, TX
Sat Sep 3, 2011
They have until closing to fix all repairs. That is why a buyer walk thru is critical 24 hours prior to closing.

Warmest Regards,

Vanessa Nunez
0 votes
Nell Hanson, Agent, Cedar Park, TX
Sat Sep 3, 2011
They do not have to answer. You have to decide if you want to proceed with buying even if they do not answer. You must turn in written notice before the end of the option period if you want to withdraw. Nell Hanson
0 votes
Overwhelmed, Home Buyer, Austin, TX
Sat Sep 3, 2011
Thank you for all this great advice. Option period ends next Saturday. Amendment has obviously not been executed. If seller comes back and agrees to repairs - how long does he have to fix repairs? Are repairs needed to be fixed during option period, or closing?
0 votes
Vanessa Nunez, Agent, Austin, TX
Sat Sep 3, 2011
I believe not only have you been overwhelmed by this whole process all this informative answers can add to it. I suggest that your realtor should be guiding you thru this whole process. Buying a home is emotionally draining from so many aspects. No matter which home you are buying or selling the process is the same. Take a deep breath remain calm and patient, the seller must do their due diligence from your requests. Hope this helps.

Happy Moving!

Warmest regards,

Vanessa Nunez
VOX Real Estate, LLC
0 votes
Doug Vogelsa…, Agent, Austin, TX
Sat Sep 3, 2011
Overwhelmed -

It appears that your questions have been thoroughly answered below. There is also plenty of unasked-for advice, with which I will agree and echo: If you don't have an agent, hire one. Today.

If you do have an agent and he/she can not or will not answer these questions for you and to your satisfaction, you have every right to discuss terminating the relationship. If you are under contract it can be difficult, but any agent who values his/her reputation and is acting in accordance with the REALTORS' Code of Ethics should work with YOUR best interest in mind.

If you are in the market for a REALTOR, please don't hesitate to give me a call immediately. If (as it appears) you have entered into a contract to purchase a home, the clock is ticking.

Peace in your home,
Doug Vogelsass
0 votes
Sonia Roberts, Agent, Round Rock, TX
Fri Sep 2, 2011
Overwhelmed is why you need an agent to guide you through this process. Option periods vary according to the contract or if a foreclosure/short sale an addendum you signed with the owner. The best course is to have financing ready to go then you schedule the inspection early in the option period to give you time to possibly bid out any necessary repairs and to negotiate with the seller for repairs. Should you be close to the wire, then get an addendum signed that will extend that option period. Otherwise, this is why some choose to use the option period to terminate. Usually, agents will work hard for both seller and buyer to negotiate during this period, to arrive at an accepatable outcome for both parties.
Option period is what is stated in writing, not associated with when the inspection is done.
Hopefully this helps you better understand that particular issue.
Question, comments, then please conrtact me.

Sonia Roberts, Realtor®

Canady Realty

0 votes
Guy Gimenez, Agent, Austin, TX
Fri Sep 2, 2011
If your contract is the TREC or TAR form, then review paragraph 23 which specifies the number of days for your option period. If the seller does not respond before midnight on the final day of the option period, you have a choice. Either move forward with the purchase or terminate the contract prior to expiration of your option period. The seller is under no time frame to respond because he/she has not executed the amendment to the contract and therefore regardless of what time frame language is included in your amendment, it doesn't place a burden on the seller.
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0 votes
Nanci Zimmer…, , Cedar Park, TX
Fri Sep 2, 2011
Please feel free to contact me personally--- unless you already have an agent. I can help you sort through the buying process.

Nanci Zimmerman
0 votes
Ryan Reber, Agent, Austin, TX
Fri Sep 2, 2011
What Fred said.

Ryan Reber
Keller Williams Realty
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0 votes
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