Negotiating Repairs on AS-IS Contract

You found your perfect home, you performed inspections and now you want the seller to make some repairs even though you are under an As-Is contract.

The key thing to remember is that the seller is not obligated to do any repairs or even respond to your request for repairs.

In Florida, the As-Is contract is one of the most popular real estate contracts, however, its important that a buyers agent fully understand how to work with this type of contract to facilitate a smooth transaction.

As the buyer, you have the right to cancel the contract before the end of the inspection period or request repairs of the seller.

Your agent must be fully aware of the time constraints within the sales contract so that if you haven’t heard back from the seller, you have time to make a choice.

Your choices are to either stay under contract and purchase the property knowing the repair issues you will be facing, or cancel the contract before the inspection period ends.

In my 21 years of doing real estate full time, I can count on one hand how many times a seller has refused to make reasonable repair requests.

So, if the seller does agree to the buyers request for repairs, the agreement should be written into the contract via an addendum to the contract.

This is where the language used in the repair addendum/agreement is of the utmost importance. Simply stating that the seller agrees to “fix a plumbing problem” is not adequate enough to cover both parties.

The repair addendum must address the specific repair, the standards of that repair and what would happen if the seller does not make the repairs, or if not done to agreed upon standards.

Its always a good idea to have the addendum drafted by an attorney to make sure the correct language is used to protect both the buyer and the seller.

Bottom line is when you purchase a home, you should enlist a qualified Realtor who can help you navigate the many nuances and unforeseen situations that may arise from your sales contract.