The seller and I made an agreement on the property. I put ernest money down, paid for an inspection and there are lots of repairs that need to be made....storm door, sliding glass door, hot water heater, air conditioner, bedroom wall is soft from water damage.

My real estate agent thinks I should not request the seller to make the repairs since they came down $10k. I want them to make all the repairs.

My question is: Can I get my ernest money back if the seller refuses to fix the repairs or can I go lower with the price? Or just give me some good advice!

In Texas, you have an option period (if you negotiated it and paid for it) during which you can get out of a contract for any reason . It's your option. While your contract probably says you are buying the condo "as is", if you are still in the "option period" you are in a position to ask for these repairs because you can walk away if they don't. The only reason I would say it would be unreasonable to ask for the seller to make the repairs is if you already knew about the problems when you negotiated the contract.

finally, every state is different and you should check with an attorney/

__________________
Michael Reilly, Owner/Broker
Great Austin Properties, LLC
Austin Texas Real Estate Brokerage

Austin Homes for Sale | Bee Cave Homes For Sale | Spanish Oaks Austin

yes every state is different on contract laws, we must always suggest you contact an attorney for legal advice

as Michael mentioned, hopefully your agent asked for option period which will give you the unrestricted right to terminate the contract for any reason within a specified amount of time. During this option period, you should schedule your inspection and negotiate any repairs you feel should be addressed. It never hurts to ask. If seller declines your repair request, you can terminate option and move on to the next property.

in Texas, if you are still within your option period and seller declines requested repairs, then you can terminate and Earnest Money would be refunded.

When negotiating on repair items in texas, you can request that specific items be repaired, replaced, opt for money in lieu of repairs, or combination thereof

__________________

In washington if you ask for the repairs and the seller does not fix them you get your E.M back. Do what you feel is right your real estate agent is working for you.

__________________
Bellingham Homes For Sale
Bellingham MLS
Bellingham Houses For Sale

As long as the inspection period has not expired, in most states it is a free look.

An agent can only give advise. Ultimately, you are the client, and under the Common Law of Agency, the agent owes a fiduciary responsability to Obey your request as long as it is legal.....

__________________
John Enxing
CRI / Broker Associate
DWELL NEW ORLEANS

New Orleans Real Estate
French Quarter Real Estate
New Orleans Condos




"Excellent Service Isn't Defined, But You Will Know It When You See It"

I have bought a few condos and unless that condo is WAYYYY below market I would ask for $ off... the issue is if they "fix it" it may not be like you wanted it. Another way the sellers can help you out, on some loan programs, is pay a % of your closing costs. This will leave you with your cash in your hand at closing... so you can repair those items. I could not tell from the post- did you mean they came 10k off asking price, or did they give up 10k after you asked them to fix the issues. The sellers probably wont do both. As always if your agent represents you they are working in your best interest in a complicated transaction... and if you feel odd... contact an lawyer.

__________________
Jason Keeling
Galveston real estate
Galveston
Galveston beach house rentals

lag


Follow everyones advice and look into particular laws for your state.


My opinion on seller doing repairs is no. Personally I would much rather take the cash allowance and get the work done myself. That's just a personal opinoin for getting things done. I would rather rely on myself with a cash allowance than someone selling a property for quality work.

__________________
Beach Buy who is a Skins Fan
Outer Banks - Outer Banks Property Management - Outer Banks Real Estate - Coming Soon New REW Template and IDX

Lag,

Realtors advise but ultimately we have to follow the wishes of our clients. It sounds important to you so your agent should be following your wishes...

However.. local market conditions (which your agent should be right on top of) come into play here.

For us in Las Vegas -- If it's bank owned -- forget about getting anything fixed.. If it's not.. get everything fixed.. unless of course it's a short sale and then see bank owned above.

On another note.. I'm going to assume they came down $10K before knowing repairs needed to be made in the first place. If you knew all of these repairs needed to be made, would you have accepted the current agreed upon price?

Regardless, this should be discussed with your agent since all conditions, laws, procedures, etc... are localized.

__________________
Specializing in the Master Planned Communities that make up great Las Vegas Real Estate including Summerlin Real Estate. Check out my blog about the fascinating and constant changes always taking place with current Las Vegas Real Estate trends.

Paul Francis, CRS
Your Home for Las Vegas Real Estate
Henderson, NV 89052
702.592.3058

Unless he is negotiating with the Sellers Agent to which they own the buyer only a Fair and Honest Dealing.

__________________
Larry Jensen, Principal Broker
St. Lawrence Properties, llc
www.StLawrenceProperties.net

What's My Mileage?