Disclaimer: While your Realtor may draft a mend request for you, or you may do it yourself, I strongly propose seeking competent advice from an attorney who specializes in real estate matters. Real estate agents cannot give legal advice unless specifically remarkable to do so.
One of the major components of any ability real estate sales and buy ageement is the inspection contingencies. Once you have agreed to the basic terms and conditions with a seller, you should have allowed yourself a inexpensive time period to fully gawk the property using any reserved supply you see fit. It is very typical to find numerous items that may need attentiveness during this period and you must settle what should be repaired and what you can deal with later.
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The sales and buy ageement should have detailed instructions on how to handle any requests for repairs, and you should recapitulate these instructions with your Realtor before drafting a mend request. Failing to result these instructions can be just a bad as failing to adequately express your expectations. Make sure you understand what you must do and what your recourse could be or you may end up purchasing a property with necessary defects.
Let's invent a scenario to use as an example of the many possible solutions to seeing problems and getting them satisfactorily resolved. One situation I recently observed a friend go through with the sale of her home was the mend of a ceiling with water damage from a old water leak. The buyers noticed the stain on the ceiling and the seeder had disclosed the fact the roof had leaked and was repaired. The seeder had enough documentation to prove this fact and in case,granted it to the buyers.
The buyers took issue with the condition of the ceiling during the inspection phase and make a request to have the ceiling repaired. The exact wording of the mend request was "seller to mend ceiling in the living room". This request was properly presented to the seeder agreeing to the ageement and was agreed upon by both parties. At this point, all parties complex were content with the the status of the transaction.
Obviously, for this to be a good example for our discussion, something has to go wrong, right? Well, something did go wrong, and it led to some very heated arguments and accusations. The buyers' intentions with the mend request was to have the ceiling opened up, inspected for further water damage and mold, and then repaired and painted to match the surrounding ceiling. The seller's intention was to replace the affected area on the ceiling with new drywall and mud, but not repaint or gawk for other damage.
Now, re-read the exact wording of the mend request. Who has the strict interpretation of the intent of the request? The seeder or the buyer? In my opinion, both viewed the very vague wording of the request to their advantage and failed to identify the other party's intentions. Both could be correct, but since money and time are involved, neither side wished to give in to the other.
The seeder did exactly as I stated and had the stain removed from the ceiling and did not repaint. When the buyers came through the house on their 24 hour prior to close walk-through, they saw the ceiling and immediately protested. This led to an escalating argument that culminated with a war at the windup table over the meaning of the mend request. It was finally carefully that the seeder had complied with the letter of the request and the buyers were left with no further recourse.
What can we learn from this specific transaction? I hope the first and most leading thing you learn is to write very detailed, well though-out mend requests. My personal recommendation in this case would be to have written... "Seller to mend stain on the ceiling in the living room. seeder to have mend made by a reputable business with a victorious history in this sort of repair. seeder to have the ceiling inspected for further damage caused by the old roof leak and to edify the buyer immediately if any water damage or mold is present. Buyer shall have the right to make further requests for repairs should other damage be found. seeder to have mend wholly and accurately documented and shall replacement any warranties that accompany the repair. seeder shall repaint the ceiling to match the surrounding ceiling."
I don't claim to have the excellent request for repairs in this situation, but I think both parties would have had a much great comprehension of the intentions of the buyers and it is possible to have alleviated some of the contention at windup if wording more similar to this had been used. When you need to make a request for repairs in a real estate transaction, make sure you have carefully all of the details and it is very explicitly and clearly written on paper. I would even consider consulting with a home inspector and attorney to help with the language.
I hope you find this information helpful and will be very careful when making requests for repairs in your next real estate transaction...
How To Write A mend request - It's In The Details
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