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We had a home inspection done, but a week before closing our buyers want an inspection and “all findings coming off of the sale price”.

We have a paragraph in our Agreement of Sale that gives our buyers the right to obtain an home inspection:

“The Buyers have examined this home and found it suitable for their particular needs. They relied on their own judgment and inspection. They have opted to not obtain a home inspection at this time.“

There is no language in the agreement about us (the seller) having to legally fix anything or provide compensation upon the findings of this home inspection.

Are we allowed to say no to a list of their last minute “findings” because there is no contingency listed in the agreement anywhere for what to do on the results of a home inspection?

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Here is an example of a real estate sales contract: your contract will contain the answer. The contract will contain an inspection contigency, and there will be a time set for exercising that contingency. If the buyer has already waived the inspection option by saying "They have opted to not obtain a home inspection at this time" and the contractual time has passed, then the issue if decided. Putting in writing the statement that right now, they don't intend to get an inspection is not the same as waiving that right. So the most important question is when the inspection contigency option expires, according to the contract.

However, even if the option is still viable, you are not obligated to do what they tell you to do. They have made a counter-offer, which you can accept, or you can make a counter-counter offer, or you can reject and get a new buyer. Since this is happening a week before closing, something is abnormal here (nobody schedules closing unless the contingencies are all dealt with). But, it is legal for them to ask for a concession.

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  • That's the crazy part. Our current Agreement of Sale contains no contingency or language stating what happens besides that one paragraph. It's a completely garbage document. We are working in a manufactured home community where the manager there is being the realtor for both of us.
    – D D
    May 19 at 14:52
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They are trying to cheat you.

Every house has faults. Every single house. The offer price is for a house of your house's size, location, interior etc. either with an average number of faults or adjusted for the visible faults. The buyer wants to change this so the offer price is for a house of your house's size, location, interior etc. with no faults whatsoever. That's not how it works.

Say you have broken bathroom tiles. That's subtracted from what I offer for your home. I'll offer say $5,000 less because I know I need to retile the bathroom, and you accept that because you also know I need to retile the bathroom. But now I'm saying that when the inspection finds the broken tiles, we subtract that from the offer price again... Just say no.

Send him packing. And not packing to move into your home. Remember you don't owe him anything until he pays what you want, and then you owe him the house as it is.

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  • In general, a buyer asking for concessions to cover deficiencies that are revealed during an inspection is pretty normal. Usually, an offer is accepted, an inspection is performed, and then the buyer can either either accept as-is, walk away entirely, or negotiate a credit. This answer makes it sound like the accepted offer price should always be the final sale price, but that's just not true. Of course, this all comes down to the contract language, and this case does seem odd in that it's all happening a week before closing. May 19 at 16:09
  • That’s not what the buyer is asking for. They are asking for an automatic reduction.
    – gnasher729
    May 22 at 9:22

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