What if the the seller didn't make that repair he agreed to make?

I recently had a loan officer call me to ask a question about "enforcement" of a repair that was contractually agreed upon in the form in Georgia titled "Amendment to address concerns with the property" when the buyers discovered at their walk-through that the repair had not in-fact been made.

There are some great practices for writing special stipulations in a contract and at Lane Realty we tend to be careful to use them so our sellers will be protected.  We use language that is clear, legal and ethical. We also  make sure the following questions are answered.

  • Who
  • What
  • Where
  • When
  • How
  • Who's cost
  • Consequences if not full-filled (most commonly left out)

An example of a poorly written request:

Seller to replace all laminate flooring in house.


Who will be doing the replacing? What will it be replaced with? what happens if the buyer hates what it's replaced with? What happens if it's not ALL replaced?


An example of a well written special stipulation:

Seller agrees to at seller's expense replace all of the laminate flooring with Riverbone Bamboo flooring from Lowe's 3 days prior to closing date set forth herein. Flooring to be installed by Lowe's of Milledgeville or another licensed installer approved by buyer in writing. If seller fails to comply $7,000 shall automatically be deducted from Seller's proceeds at closing and be credited to buyer's closing costs.


The second stipulation answers who, who's cost, what, where, when, how and consequences if not full-filled.


Typically speaking we also always talk to the buyer about the seller making a financial concession vs. the seller doing a repair or replacement.

For example if a HVAC unit needs to be replaced perhaps the seller will just agree to pay $6,000 in buyer closing costs or even reduce the purchase price by $6,000 if the buyer has the funds to replace after closing. That way the buyer can choose the company that replaces and be guaranteed of the warranty that accompanies a new unit. 

Do you want to hire an agent who will write a special stipulation for you that has to consequences for failure to comply?  What do you do then?  My advice to that loan officer was "don't close" until you work it out. If they did, then the buyer might be hiring an attorney to get the seller to comply.  The repair wasn't as simple as flooring in that call. I simply used flooring in my example to show how every special stipulation should be written.

Call Lane Realty when you are buyer a home.  The broker reviews every contract before it's submitted to make sure it's got clear, complete special stipulations in them. 706-485-9668


706-485-9668  us on facebook


Follow me on Google Plus for more information about Lake Sinclair and surrounding area news and events

(Click on Lane Realty Logo for web site)

Tammy Lankford, Broker/Owner


Broker License # 169695  Lane Realty License # H-11420

Call me today for all your Lake Sinclair real estate needs.

Subscribe to my Blog here!


We always have water at lake sinclair Lake Sinclair stays full even during droughts.  Click to read why and how.

 Search for homes on Lake Sinclair now

For readers who are not members of ActiveRain feel free to also add your comments or you can click on the EMAIL me link to the right of this blog and email me.  Thanks for reading.

All content belongs to me unless otherwise stated.  Do not use without permission.  Logos and photographs may also be copyright registered. Please do not use without my express written permission.



Comment balloon 25 commentsTammy Lankford, • August 10 2018 06:40PM
What if the the seller didn't make that repair he agreed to make?
I recently had a loan officer call me to ask a question about "enforcement" of a repair that was contractually agreed upon in the form in Georgia titled "Amendment to address concerns with the property" when the buyers discovered… more
Why should you hire a Lake Sinclair agent that represents you the…
When was the last time you bought property? When I started in this business 26 years ago all agents and brokers worked for the seller and buyers were really just on their own. But in Georgia that legally changed in 1994 when BRETTA was introduced… more
Bargain hunters… this is the Lake Sinclair house for you
It's not a big house, but it is filled with Charm and has a wonderful view. It also has a stand up partial basement for great storage or a workshop. If you are looking for a first home, or a very affordable get-a-way for the weekends Sunset… more
Agent to agent relationships, they are important
Sometimes I read on real estate Facebook groups about people creating community pages and then blocking other agents in their market and blocking them from their business page and then whining they don't pick up the phone when they are called I have… more
Pre Black Friday price reductions!
Sellers said "it must go" "reduce" Double boathouse and more than 5 acres with 600 feet of shoreline. 3 lots, so additional homes could be built on property. Home has 3 Bedrooms and 2 Baths, outside is a shed and a covered… more
Making the right offer on that Lake Sinclair home
The other day when I was walking my dogs on a night that Donald was working late I spotted a bird that had died on the edge of the road and had to carefully walk my dogs by it so that they didn't notice it and try to get it Once upon a time my… more
Coming Soon: 2 Bedroom cottage with lots of living and entertaining…
If you needed a three bedroom house you could modify this one, but you could also put a sleeper sofa in the den and enjoy the house just like it is. Watch our website for details very soon. I will add to this teaser that it has more than 300 feet… more
Estate says… reduce the price Acreage on Lake Sinclair with cottage
Today I got a call from the executor of the estate on one of my listings. They dropped by the price by nearly $25, 000. They are ready to close out the estate and move on. It's a rare find on Lake Sinclair with more than 5 acres and over 600 feet of… more
Opportunity in Forest Lake Village, bank owned with lots of potential
It's a roomy house that has some issues. There have been several roof leaks, around the fireplace, around the waste water vent pipe and even the air handler drip pan. The roof is also nearing the end of it's life. The stove and refrigerator are… more
Charming single family home in Buckhead, GA
The "real" Buckhead. It's nearly 30 years old, but you can't tell that at all. The owner has recently replaced siding with concrete hardboard, replaced living space and bedroom floors with hardwood and the kitchen and bath with great… more