Per section 11 of the REPC, buyers retain the right to a “Final Pre Settlement Walk-through Inspection” to confirm the home is being delivered as promised in the contract and in substantially the same condition as it was at the time it went under contract. However, should a buyer find repair items previously agreed to in the contract, we’ll need to look to the contract to determine how it has to be handled.

Contractually, once a contract closes it is “Abrogated”. Abrogation—Signed closing documents replace the Real Estate Purchase Contract that the seller and buyer previously signed. The Real Estate Purchase Contract is nullified or replaced by the closing documents. However, any warranties contained in the Real Estate Purchase Contract are still in effect. So, unless the repair items included a clause to “survive closing” or some other alternative option as to handling incomplete repairs agreed to but discovered after closing the seller could argue they are no longer obligated to perform on those terms.

If repair items agreed to in the contract are discovered post closing buyers only recourse is to attempt to negotiate with the seller either directly, with the assistance of the agent(s) involved or by retaining legal representation.

Buyer Perspective – ALWAYS, ALWAYS perform a final pre walk-through inspection to confirm agreed upon repairs are complete and satisfactory and that the home is in substantially the same condition as when it went under contract.

Seller Perspective – Perform all repairs are complete and then confirm that the buyer has seen and agrees they are satisfied to avoid post closing contention.