If we are buying property, should we sign an agreement at settlement saying that “No further requests for repairs will be made of the seller”?

We are in the process of buying a home. The mechanical inspection was completed and seller (who is a “flipper”) agreed to make the requested repairs. However, he is requesting and our agents are pushing us to sign a statement at settlement saying “All parties agree that the listed home inspection repair items are complete. No further requests for repairs will be made of the seller.” Our agent says this is just to make the seller “feel better.” However, I don’t want to sign anything that may compromise our rights, say if a repair is problematic or if there is some kind of negligence/liability.

Asked on November 2, 2011 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The request that is being presented to you by the seller of the property is to allow closure of his responsibility to make agreed upon repairs of known and disclosed conditions as to the property that you are buying before close of escrow. The agreement should state that all repairs will be made properly.

If you believe that all known and disclosed problems of the property have been made and you have an agreement for the repairs, there is really no reason for you to not to sign the document.

However, if issues arise after close of escrow needing repairs and the seller knew about the problem before close of escrow but did not disclose such, you would not be barred from seeking costs of repairs from him.

I sugest that you have a licensed contractor inspect the property before close of escrow. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.