BIC TIP #1247: Want the Seller to Fix It?

Do you want the seller to fix that? Then you had better put it in writing. Stephen Long reminds buyer agents and listing agents alike that in a North Carolina transaction, if it is not in writing, it does not exist.

The Friendly Hallway Promise

It happens more than you might think. The buyer bumps into the seller at a final walkthrough or a contractor visit, mentions the leaky faucet, and the seller says, Sure, I will take care of that for you. Everyone smiles and moves on.

Then closing day arrives and the faucet is still leaking. The seller may have forgotten, changed their mind, or remembered the conversation differently. Without a written agreement, the buyer has very little to stand on.

Put It on the Repair Agreement, No Matter How Small

If the parties have agreed to repairs, Stephen’s advice is to document them on the Due Diligence Request and Agreement, no matter how minor the item. If it is important to the parties, it needs to be written down.

A prudent buyer agent insists on it, and a prudent listing agent should want it too. Clear, written terms protect the seller from misunderstandings just as much as they protect the buyer.

Remember: Sold As Is

Stephen also reminds brokers that in North Carolina, properties are generally sold as is, where is. The seller does not have to repair anything, even if the lender requires it.

That is exactly why a seller’s agreement to make repairs matters so much. It is voluntary, and once the seller agrees, it needs to be reduced to writing so everyone knows exactly what was promised, and exactly what was not.

The Practical Takeaway

Never rely on a verbal promise from the seller. If the parties agree on any repair, large or small, put it on the Due Diligence Request and Agreement and get it signed. Sellers are not obligated to fix anything, so when they do agree, make it count in writing.