我的委托人不会接受财产的原样.” He wants to wait until after the inspection to list specific repairs that he wants the seller to fix. Can I leave both boxes in Paragraph 7D of the One to Four Family Residential Contract (Resale) blank, or can I check Paragraph 7D(2) and write in “repairs to be listed following inspections”?
Neither. Leaving both boxes blank in Paragraph 7D or altering the contract terms by adding language in Paragraph 7D(2) that does not list specific repairs could be considered to be acting negligently or incompetently if a complaint were to be filed in connection with the transaction.
The buyer should only choose Paragraph 7D(2) if he knows of specific repairs that he wants the seller to complete at the seller’s expense. 否则,买方应核对第7D(1)款。.
Most buyers in this situation will also choose to pay a termination-option fee pursuant to Paragraph 23 in exchange for the right to terminate the contract for any reason within a negotiated number of days. 在此终止选择权期间, 可以执行检查, 如果确定了特定的修复, 双方可以协商修改合同以解决这些问题, 或者买方可以解除合同.
你必须解释清楚公布表格的英文含义, 如果涉及到客户的权利,你必须让他们和律师谈谈! Conveniently, 大多数产权公司都有愿意解释权利的律师, 所以让客户选一个来打电话!
I get asked this question a lot on true “AS IS” properties and sometimes on “as presented” ones. 在这个特殊的案例中, 问题可能不在于买方客户,而在于买方代理. While the contract says that the buyer accepts the property in its as is condition, 它实际上意味着买方接受了卖方“呈现”的财产. 在写报价之前,应该有一个可用的, a copy of the survey, 卖方披露声明,可能还有最近的检查. 买方代理可以联系卖方代理… Read more »
Yet, if the seller refuses to do any found repairs and the buyer has no alternative but to exercise their right to terminate, the buyer is out hundreds of dollars for the right to terminate and inspection cost and that does not protect the consumer.
最近,我卖掉了我的一处私人房产,买家的代理, after negotiating down the price to where nothing was left on the table asked if the “as is” meant no repairs would be done. I told him that no repairs would be done for cosmetic items but things like termites, 发现的电气和管道缺陷将按照已知的方法处理, 反正我也得做. Apparently I lied as I ended up not only doing revealed plumbing and electrical problems but actually doing something that nobody recommended but the buyer thought “had” to be done… Read more »
这一段完全对卖方有利. It doesn’t “cost” the seller anything, because there are other buyers standing by. He actually gets paid when the buyer is forced to cancel the contract because he is truly NOT willing to buy the property “as is”, 尽管TREC让他打那个勾. There needs to be a third option for the average buyer who will expect the seller to make reasonable repairs after the two of them see the inspector’s report. The buyer should have some assurance of the seller’s attitude toward making reasonable repairs prior… Read more »
Rick, Years ago our earnest money contracts had provisions for amounts for Seller repairs called repair allowances and we didn’t have a provision for an “Option Period” as we do today. Also, at that same time, 卖家不需要填写披露声明,但当然, 是否需要披露有关物业的“潜在”缺陷. I can tell you that the contracts we have today are better, not perfect but better. The buyer can tie up a vacant home that costs the seller $20-well over $100 per day sitting there and for what? Less than a single… Read more »
It is unfortunate that we have the AS IS wording in our contracts without further explanation. In our company, we explain the AS IS as follows: “买方接受该物业的原样 only as of the effective date of the contract”. All Buyers should then complete Paragraph 23 (Option Period) in order to protect themselves from the AS IS clause. ————我认为措辞应该是:“自合同生效之日起, 买方接受该物业的原样.” In addition , 除非买家购买房产的目的是将其夷为平地 , Buyer should always… Read more »
I can’t believe that all these real estate professionals are crying about the “as is” box. The simplicity of this option along with the provision of the option period makes so much sense. 你付一点钱来玩……. 有时买家会花4- 600美元来弄清楚某些东西是行不通的. Sometimes it is a surprise but usually a good Buyer Agent can spot a Listing that is at risk of an owner that wants to sell his house but “doesn’t want to fix anything or spend any money” to sell the property. In fact you can… Read more »
我听说有些情况下, 卖方不按约定修理的, the courts are sometimes ruling for the seller because the buyer checked they were accepting the property “as is”. 这对我来说是个新闻,确实有点吓人. 我想知道我们是否有办法核实这个信息.
It would be more helpful in the explanation to clients if the “option period” paragraph 23 (page 8) was adjacent to the “as is” (7 D 1&2 on pg 4). 合同上两者之间的距离不太合理.
如果在此之上的买方代理未能交付期权费?