Legal Question in Real Estate Law in Pennsylvania

I am a seller and do not want to fix any repairs from the home inspection. The buyer has agreed to pay for any repairs. I do not want the buyer repairing my home until he has secured his FHA loan and we have closed on the sale. However, my agent is trying to scare me into allowing the buyer to access to my home to make repairs before he even has a loan approval letter or we have closed. I do not want the buyer altering anything in my house until the sale has closed and it's his property. It seems like a huge liability because what if the work is not done properly or he can't get a loan and tries to sue us for the repairs. What are my legal rights as the seller?


Asked on 7/24/14, 1:56 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You are quite right in not wanting to permit the buyer to do anything prior to completion of settlement. However, with an FHA loan, FHA may require repairs to be made prior to settlement. It may be better for you to make the repairs so that they are done to your satisfaction. If this Buyer fails to complete settlement, those repairs won't be an issue for the next buyer's inspection, so you will not have wasted the effort and expense, and you will have protected yourself from any potential liability you would be exposed to by reason of Buyer's entering on your property and doing the work improperly.

If you are still in the repair/inspection contingency, you may agree to whatever you want and submit counter proposals. What is your attorney advising? If you don't have one, this would be an excellent time to get one involved in the transaction.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

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Answered on 7/24/14, 2:08 pm


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