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Home inspection reveals
deficiencies and buyer asks for repair or replacement
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Don't overreact. Go through the entire list of repairs and
separate out what is easy and inexpensive and what is hard and expensive.
Understand what you are required to do (if anything) by the
contract.
Get estimates for the repair/replacement so you understand the
costs involved.
Decide how to respond to the buyer's request. This is really
a matter of determining what cost is acceptable to you and whether the buyer
will actually walk away from the house if you do not agree to everything.
Some options:
- You can either agree to do the actual work or you can agree to an
amount of money that you will credit the buyer in lieu of making the repairs.
The latter is usually acceptable to the buyer.
- You can agree to do one big thing and not the small things. This might
be acceptable to the buyer since it is easy for them to do the small things
as well.
- If some of the repair items are not really non-functioning, but rather
just on their last legs (for instance, your dishwasher is 10 years old and
the inspector indicated that 10 years is the expected lifetime) don't agree
to replace or repair. Offer instead to split the cost of a home warranty
with the buyer and it will cover those appliances, etc. if and when they
go bad. That way, everything is covered. NOTE: All appliances, plumbing,
etc. must be in working order at the time the warranty is placed.
- If something serious is uncovered, such as joist rot, foundation cracks,
leaks in the roof, faulty wiring or plumbing problems, get a second
professional opinion. If the problem is real, you have to decide how to
handle it. Now that you know of the problem, you will likely have to
disclose it to other potential buyers. It will probably come up in another
buyer's inspection as well, so you might as well deal with it now.
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House Appraises Low
If your home is priced correctly, this is a very infrequent
occurrence
The appraisal is usually ordered by the buyer's lender and
is used by the lender to insure that they are not over-lending. Indirectly, it
also protects the buyer from overpaying.
The result of a low lender's appraisal means the lender will
base the buyer's loan amount LTV off a lower value, resulting in a lower loan
amount This generally means the buyer can't get the loan amount they have
requested, or they may have to pay
PMI insurance
, or they may have to make a larger down payment
If the buyer cannot get the loan outlined in the contract,
generally, their deposit is refunded and the contract is dead
If the buyer can get the same loan amount regardless of the
low appraisal, then the contract may require them to go forward with the purchase.
Check the contract and/or speak with a real estate attorney to determine
Very likely, if the house doesn't appraise for the sales price,
the buyer will want you to lower the price
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Don't overreact. The buyer will have just heard from their
lender that the house didn't appraise for the sales price - the buyer didn't order
the appraisal and isn't responsible for the result. Also, the buyer will be just
as nervous as you are - they will be afraid that they have agreed to pay too much
and that they might not be able to buy the house.
Enlist the buyer's help. Presumably, they still want to buy
the house and might be willing to make a slightly larger down payment or have
another appraisal ordered by the lender (you can split the cost or the seller
can pay for the second appraisal). With the buyer's help, the lender should be
willing to offer some options to resolve the issue.
Ask for a complete copy of the appraisal from the buyer.
Check all the details about your property on the appraisal.
Make sure the square footage, number of bedrooms and baths, etc. is correct.
Look at the comparables the appraiser used. Do you have knowledge of more recent
comparables (remember, they should be of the same size and style as your home)
that support your sales price? If any of the information is on the appraisal is
incorrect or you have more recent comparables to show to the appraiser, call the
buyer and ask if you can speak directly with their loan officer to correct the
information.
If the buyer says yes, talk with the loan officer, explaining
the inaccuracies and/or new information. The loan officer will pass it on to the
appraiser. It may or may not make a difference.
If the buyer says no, give the buyer the information and ask
them to pass it on to the loan officer. It may or may not make a difference.
Failing any results with the above options, and if the buyer
has the right to get out of the contract, you will have to make a decision. Let
this buyer go and hope for another buyer (you may encounter the same issue with
the appraisal) or drop your price and go to closing with this buyer.
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Buyer is rejected for their
mortgage
If you have required the buyer to provide you with a pre-approval
letter (with credit, ratio and source of funds review) early in the process, a
surprise rejection should be a rare occurrence
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Don't overreact. The buyer is probably just as disappointed
as you are.
Ask for a copy of the lender's declination letter. The lender
is required to notify the buyer in writing that their loan has been declined.
You are entitled to a copy before you have to refund the buyer's deposit.
If the buyer received a pre-approval letter, ask the buyer
what changed between the pre-approval letter and the final loan rejection. NOTE:
If it appears that the buyer misled you or lied to the lender to get the pre-approval
letter, you may have reason to keep the buyer's deposit. Consult an attorney to
find out. If the buyer doesn't seem to understand exactly what the problem is,
ask them if they mind if you speak directly with the lender.
If the buyer says yes, have the buyer call the lender and
authorize the lender to talk to you. If you call on your own, very likely the
lender will not talk with you, which is appropriate since loan information is
confidential. Call the lender and ask if there is anything that you, the seller,
can do to help the buyer get the loan. For instance, will it help if you lower
the price slightly? Hold a second trust so the lender has a lower loan-to-value?
Postpone settlement so the buyer can save money?
If there is nothing you can do to help this lender approve the
loan, ask the lender to give suggestions as to another company who could possibly
make the loan.
If you have to refund this buyer's deposit and start over, ask
the buyer for a copy of the appraisal. You can use this to justify your price to
new buyers. Next time, require the buyer to get a pre-approval letter (complete
with credit and source of funds review) from an established lender prior to
moving forward with the contract.
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Termite inspection shows prior
insect damage
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This is damage to wood areas caused by prior wood boring
insect infestation. Usually the lender will require that it is repaired and some
contracts call for the seller to repair it. If your contract doesn't specify who
pays, you and the buyer will have to negotiate who pays for the repair.
Get specific instructions from the lender as to what needs
to be repaired. The termite report will have a list of the areas that require
repair, have the lender or buyer fax it to you. It is easiest to have the same
company make the repairs if they do that type of work, otherwise ask them for
the name of a company they recommend. If the work is extensive, (such as joist
damage, etc.), get two or three quotes before you have the work done.
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