When selling a home in Arizona, the seller has some obligations to abide by when it comes to repairs during the sales process. This is of course, unless an As-Is Addendum is present… that’s a whole different blog itself!
These obligations I referred to are called Warranted Items. Back when our market had went through the recession and almost all we dealt with were Short-Sales and Foreclosures, nearly everything was sold as-is so these repairs didn’t matter. However, in a “normal” market like we’re seeing today, they do again. Honestly, this is a good thing for both buyers and sellers.
We use an industry standard purchase contract that spells out these items. Sure there is some grey area, but most notably are any repairs related to the following:
- Heating & Cooling (HVAC)
- Mechanical Systems
- Pool and its equipment
This means if the water heater is not functioning, the seller has to replace it… if a stove burner doesn’t work, then that needs attention to. Pursuant to the contract, the seller has to make certain repairs. If they then will not, they’re in breach of contract and could be open to additional liability and damages from the buyer.
After inspections, we use a form that will differentiate between Warranted Items and other repair items the buyer is requesting. Only the additional items are negotiable. Unfortunately many Realtors do not know how this section of the contract works so this is a common sticking point with negotiations during escrow.
Fortunately for those working with myself, I am very familiar and can ensure you know what to expect if selling or get the correct items remedied, if buying.
Please don’t hesitate with any questions at anytime… call Justin Schlegel today @ 623-203-2264.