BIC TIP #1097: Requesting Repairs as Part of an Offer
In North Carolina, the Offer to Purchase and Contract (Form 2-T) is designed to create clarity, set expectations, and protect all parties involved. However, confusion frequently arises when buyers want repairs completed as part of their offer. Many brokers wait until after the contract is executed and then attempt to negotiate repairs during the Due Diligence period. This approach is risky, unreliable, and often leads to frustration or contract disputes.
This BIC Tip clarifies why brokers should handle repair requests at the time of the offer if they are to be agreed upon up front during negotiations.
If a buyer wants a seller to complete repairs in order to move forward with an offer, those repairs should be included in writing as part of the initial offer package. The correct way to do this is through: The Additional Provisions Addendum (Form 2A11).
When repairs are important to the buyer, they must be part of the formal offer the seller accepts. This ensures the obligation becomes a binding term of the contract.
Many brokers rely on the Due Diligence Request and Agreement (Form 310) after the contract is already signed. This is a request, not a requirement of the seller.
Once the contract is executed, the buyer has already purchased the right to investigate the property during Due Diligence. Any repairs requested later are entirely optional from the seller’s point of view.
This is why brokers must never promise or imply that repairs can “always be handled later” during Due Diligence. That is incorrect and can lead to significant consumer dissatisfaction and exposure to liability.
