Ask The Realtor!

If a buyer misses their response date for home inspections, is the Seller under obligation to complete the repairs they request?

The short answer is no.  When the Buyer responds to the home inspection after the time allotted in the Agreement of Sale under the Inspection Contingency, the Seller has no obligation to complete repairs requested.

Keep in mind that the Buyer can still void the contract in writing and in most cases will forfeit their deposit depending on the wording of the Agreement of Sale.  If the Buyer decides to void the contract and forfeit their deposit, the Seller may want to make the decision to complete the repairs if it is to their benefit to do so. 

The Seller should also be aware that knowledge of deficiencies regarding their home will need to be disclosed to any other buyers by either adding an addendum to the Seller's Property Disclosure or completing a New Seller's Property Disclosure.

Is there a way a Seller can avoid completing the Borough Use and Occupancy and sell the property as it stands?

Yes the buyer can complete a Letter of Intent and file it with the Borough which would state that the buyer would not occupy, nor let anyone else occupy the property without first completing the Use and Occupancy Inspection and correcting any required repairs.  The Buyer may pay the fee for the Use and Occupancy as may the Seller.

It is important for the Seller to keep in mind when offering a property for sale but requiring the Use and Occupancy requirements to be completed by the buyer, you are casting a negative on your house before anyone takes a tour.  It's best, if at all possible, to avoid anything negative when marketing your house.  If you feel the work will be overwhelming or you would have difficulty making the repairs, then you would not have much of a choice but to make it the Buyer's responsibility. 

My carpets need to be replaced in my home.  My husband believes we should have them replaced prior to showing our home for sale.  I believe we should state we are providing a credit to the Buyer and let them choose the carpet they would like in the house once they own it.  What is the best solution in this situation?

As I stated above, when offering your home for sale you want to limit the amount of negativity reflected on the house prior to anyone even seeing it.  This would include offering a credit for carpets, painting, redecorating, etc.  This shows the buyers that the house needs work and can either keep buyers from looking at the house or encourage low offers.

It is best to provide the carpet prior to showing the house if at all possible.  Choose a neutral color.  Perhaps the new buyer will end up replacing it anyway or put different flooring in.  That isn't the concern you should have.  Your only concern should be that the house shows well from the very beginning and is cast in a positive light.