BIC TIP #1286: The Additional Provisions Addendum
“I want those repairs to be agreed upon as part of the contract.” In this BIC TIP, Stephen Long explains how to make that happen. If a buyer wants the seller obligated to complete certain repairs, put them in the Additional Provisions Addendum, so the repairs are part of the deal from inception, not a negotiation later.
Use the Seller Repairs Section
When you are a buyer’s agent, or a buyer, making an offer and you know there is a repair you want the seller to handle, you do not have to wait. The Additional Provisions Addendum includes a section for seller repairs.
By including the repairs in that addendum, the seller is agreeing up front, before going into contract, that they will complete them. Once the offer is accepted, those repairs are part of the contract.
Why Waiting Can Cost You
If you wait and make it a due diligence repair request instead, the dynamic changes. The seller has the right to say no to all of it, or agree to only some of it.
At that point, the repair becomes a point of negotiation, and the buyer’s main leverage is the ability to terminate during due diligence. That can work, but it is a different conversation than having the seller already contractually committed.
Front-Load What You Already Know
This strategy works best for issues the buyer already knows about before making an offer: something noted in the MLS documents, a visible problem spotted during a showing, or an item listed on the disclosure statement.
If you know about it now, and it matters to your buyer, address it now. Write the repair clearly and specifically so everyone understands exactly what the seller is agreeing to do. When in doubt about wording, check with your broker-in-charge.
The Practical Takeaway
Repairs requested through the Additional Provisions Addendum are attached to the contract from the start. Repairs requested during due diligence are a negotiation the seller can decline.
When your buyer has a must-have repair, put it in the addendum with the offer and let the seller decide up front.
This BIC Tip is general real estate education for licensees and consumers, not legal, tax, or financial advice. Rules and forms change, so verify current NCREC rules, MLS rules, and standard forms, and consult a North Carolina attorney or qualified professional about your specific situation. See Disclaimers & Disclosures.
