Don't get caught with your Pants Down-Put it in the Contract!
By Michael Hughes September 30, 2010
When you buy a house in Boulder, whatever you want kept in the house, cleaned, fixed, repaired, refinished, painted, pulled out, explained, or even permitted in the Boulder house you’re buying – put it in the contract or the Inspection Notice! Rule of thumb if it’s something you want; put it in the contract, if it’s something you need cleaned, removed, fixed or finished put it in the Inspection Notice (Notice to Correct).
The inspection is finished and whether you are the buyer or seller there may be a list of things that need to be addressed. When your Realtor creates a contract there is an Inspection Objection Deadline. This is not the deadline to have the inspection finished (it should have been finished earlier if possible) but is the date by which you must file an Inspection Notice. At this point you can decide to either check the box “Notice to Terminate” thereby terminating the contract or you can check the box “Notice to Correct” whereby you list the things you would like carpets cleaned, repaired, refinished, removed, etc.
Time to Negotiate!
Now, do some sellers automatically take care of cleaning the carpets, cleaning the floors, touching up the paint, filling in the nail holes when they take down their pictures? Sure. Sometimes. But if it’s not in writing, you can’t count on it. Sellers are only obligated to take care of the things that were in the contract or negotiated in the Inspection Notice. That’s just reality. If you don’t have it in writing you have to deal with it.
Put it in Writing – In the Contract or in the Inspection Notice
Dear other Agents, an email to me does not count as an amendment to the purchase contract or the Inspection Notice. Never. Never. Never. Always present your clients’ requests on the appropriate CREC 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 in the Inspection Notice-Notice to Correct. 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.
First the Walk Through and then Closing. Always ask for invoices for repairs from professionals to be provided at closing. This will ensure that things have been done properly and by a professional or certified person.
You can’t always get what you want; or can you?
Here’s a short list of things that buyers have asked for up front, with their offer, and sellers have agreed to:
- Home and carpets to be professionally cleaned prior to Closing.
- The 200′ irrigation line and pump.
- The oil painting in the dining room.
- The 12’ Mirror with Gold Inlay
- The custom made curtains, throw pillows, comforter, bed skirt and upholstered chair that match the mural in the little girl’s room.
- The patio furniture all of it.
- The kids play-ground sized redwood play set with swings and a slide.
- The pot rack above the kitchen counter.
- The family dog. Oh Yeah.
- And last but not least a BMW 535i in mint condition
Michael grew up near Santa Fe and is a longtime resident of Boulder and has been with Sotheby’s International Realty since their inception in Boulder County. If you have questions regarding this article or would like information about Boulder real estate or Boulder Luxury Real Estate check out my website. You may also call or TEXT me 303-359-6627 or e-mail Michael Hughes. Michael is a (CNE) a Certified Negotiation Expert and full time Realtor at Fuller Sotheby’s International Realty in Boulder, CO. What’s your lifestyle? I take great pride in my in-depth knowledge of Colorado luxury home market trends, research-based pricing strategies, having a powerful network of qualified luxury home buyers, first-hand Boulder real estate insight and a proven 16 year track record of selling unique Denver and Boulder luxury real estate.