Which form should be used to request repairs of the seller?
QUESTION: My client wants to make an offer on a home we just viewed, but there is a small repair to the front door she would like the seller to agree to fix before she will feel comfortable going under contract. The defect in the door was disclosed by the listing agent, so I am not sure which form to use to make the request. Should I use Form 2A11-T (“Additional Provisions Addendum”) or Form 310-T (“Due Diligence Request and Agreement”)? Does it matter whether I make my client’s repair request before or after the offer is made?
ANSWER: Since the buyer wants the seller to agree to the repair as part of the contract, you should include the repair request in paragraph 4 on Form 2A11-T and submit the form with your client’s offer. Form 2-T (“Offer to Purchase and Contract”) provides that unless the parties agree otherwise, a property will be sold “in its current condition.” This means the seller has no obligation to perform repairs after the contract is signed.
By submitting the front door repair on Form 2A11-T with the buyer’s offer, the repair will become a contractual obligation of the seller upon their signing. If the seller refuses to sign Form 2A11-T, and signs the rest of the contract, this would be a counteroffer. You should discuss the counteroffer with your buyer to see if they would like to proceed, even if the seller might not agree up front to fix the door.
Form 310-T is intended to be used by the buyer during the Due Diligence Period to request any kind of repairs, including repairs that have already been disclosed by the listing agent. The buyer may engage in negotiations for repairs or improvements, even if the seller has indicated they are not willing to make any changes to the property or engage in such negotiations. The seller, of course, has no duty to engage in the buyer’s repair negotiations.
If the buyer and seller enter into a contract without agreeing to the repair up front, you should advise the buyer that they can request the door be repaired during the Due Diligence Period but the seller will have no obligation to agree to the repair after the contract is executed.
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