So, you’re buying a new house and there’s something special you’d like left behind, cleaned, fixed, painted, pulled out, explained, or even permitted in the Orange County house you’re buying – put it in the contract!
The California Association of Realtors Residential Purchase Agreement (CAR RPA) clearly states that homes are sold in their present condition – “as is” as of the date of acceptance – the date that the contract was finally signed by all parties. It does not automatically include anything that you might think reasonable, such as having the carpet professionally cleaned. Or the tile flooring. Or the stove. Or the kitchen drawers. Or the windows. Only what was agreed to upon acceptance, stipulated as included items or additional terms is included in the contract. Anything above and beyond what is in the contract at the time of acceptance has to be negotiated and agreed to by the buyer and the seller. In writing. On another official CAR form – usually a Request for Repairs. Failure to make it official in this way may mean misunderstanding and missed expectations of the part of both the buyer and seller. Ask for it in the contract. End of story.
Now, do some sellers automatically take care of cleaning the carpets, cleaning the cabinets, touching up the paint, filling in the nail holes when they take down their pictures? Sure. Sometimes. But that would be a BONUS to you. But if it’s not in writing, you can’t count on it, and there are just as many sellers who pack the moving van and take off having done only the bare minimum of the things that were in the contract or negotiated in the Request for Repairs.
Tip to all my Realtor Friends out there – do it the right way. An email is not a written contract. Just because you email me to say your client really really wants the carpets professionally cleaned does not in any way obligate the seller to clean the carpets. Your email does not count as an amendment to the purchase contract. Ever. Never. Always present your clients’ requests on the appropriate CAR form, with their signatures on it where required. In the case of carpet cleaning, home cleaning, window cleaning, or tile cleaning – I would suggest to include these requests on a Request for Repairs. Even if an RR has been fully executed – there’s a space on the form to note the number of Request for Repairs – just like Counter Offers – there can be multiple Request for Repairs. Just note it as RR 1 or 2 or 3 or whatever number is next in line. Simple. Is the seller obligated to agree? Absolutely not. So you’d better put your marketing hat on and queue it up nicely for your buyer! Make it as easy as possible for the seller to say yes and you increase your chances of getting it accepted.
Always get what you expect and agree to between buyers and sellers in writing on the correct CAR form.
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