What are our rights as sellers?

UPDATED: Sep 17, 2011

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What are our rights as sellers?

We have a currently have a contract on our home and have been in negotiations since the inspection. The inspector pointed out many more little nit-picky things than ours did only 2 years ago when we bought the house (about 25 things). The buyer wanted every single thing fixed. Although we thought it was a bit ridiculous, we complied considering the market we are in and how lucky we are just to have a buyer. One item on the list was a couple of small cracks on the inside of our crawl space. Two professionals, one hired by us and one hired by the buyer both confirmed it was not structural. Must we fix this as well?

Asked on September 17, 2011 under Real Estate Law, Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is not a question of whether you should or must; it is a question of whether your buyer will consider this a material part of the sale and if you don't fix it, will the buyer then refuse to move forward with the sale. If you fixed everything but this matter, tell your broker you will not fix nonstructural defects/damage and that it is not becoming cost effective to sell the home. See if this is a counter offer the buyers will agree to, keeping in mind you run the risk of the buyers simply walking away or asking you to lower the price of the home.

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