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Is seller obligated to fix roof and furnace after inspection?

I am a first time buyer. I agreed on a price with the seller that is 7% below the asking price. After the house inspection, the inspector said the HVAC and roof need further inspection by specialists. The sellers are refusing to have them inspected by HVAC and roof specialists. If I get them inspected and there are issues with them, are the sellers obligated to fix them? If I were to sell the house after 4-5 years, will adding a new roof and furnace increase the value? Thanks.
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December 21 2013 - Louisville
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I got a 50% reduction on the roof replacement estimate. Their insurance agent said the roof has about 3-5 years of life left. I guess I will find out :)
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March 10
So, I didn't see the outcome on this? I hope you got your new roof and new home, that is if that is what you want! : )

Michael Thacker
Realtor
Kentucky Select Properties
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March 10
Profile picture for user7169566
The seller's insurance adjuster took a look at the roof and agreed that it needs a new roof. An insurance agent is supposed to look at it as a follow up. I am confused with the insurance agent's role here. If the adjuster said it needs to be replaced, it should be enough, correct?

The seller has agreed to replace it but the agent hasn't been able to get out there due to the bad weather. It's delaying the whole process. Both of us want to close the deal sooner than later.
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January 17
Profile picture for wetdawgs
I'm glad you got it inspected.  Don't be surprised if they wish to negotiate the cost of replacement with you.  Few sellers are happy to add a new 30 or 50 year roof to the house without some buyer contributions.    (It is likely to be to your benefit, otherwise you may get the absolute cheapest roof possible)
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December 31 2013
Profile picture for user7169566
Thanks for the replies everyone. We got the roof inspected and the guy said it needs to be replaced. Sellers are having an insurance guy take a look at it. Hopefully he will agree with it.
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December 31 2013

Happy to hear you did an inspection this  helps you to know of any defects that the home may have, however the seller is not obligated to do any repairs, in Texas there is an option period clause  where you can back out without a reason and receive your earnest money deposit back-
Hopefully you have a contingency in place that allows you to back out-?  You could  use this clause if there were no meeting of the minds in repairs and hopefully seller is willing to meet your terms or at least
negotiate on the repairs also home warranty is something you could ask for .

Best of luck

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December 31 2013
No. And you're not obligated to buy.
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December 31 2013

Unfortunately, the seller is not obligated to fix anything, nor do they need to have inspections done for your benefit. You have a couple of options, the most popular: Within the reply to inspection addendum, you can request further time to address these two issues. The time allows you to get further inspections, and then negotiate for any further repairs needed. Remember, if it's not broken, there is very little chance a seller will be willing to negotiate, and nearing the end of it's life does not mean broken (I have to address this concern a lot). Another option (once the first step is taken to insure there are not more serious issues) is to ask for a home warranty that covers these two issues if anything should happen within a year of purchase. That warranty allows you to repurchase each year (usually around 450.00). Make sure the company you choose covers the roof and heating units, most do not cover roof, and with some it's an extra charge, but worth it.

The second question: If you were buying the house in 5 years, would you want those two items in the current condition? Remember, if you are getting a deal (you said 7% less than fair market), maybe that's the reason why. All homes are an on going investment and require maintenance. What you put in is usually what you get out, except for extreme cases ;)

Good luck, and remember, unless you are buying new construction (and even then), all homes have their quirks. Educate yourself on what are the real issues and what are normal maintenance issues, and it will be smooth sailing.

Have fun, and enjoy!

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December 31 2013

A traditional Greater Lou. Assoc. of Realtors contract will state that the buyer has XX days to perform inspections.  After a ratified acceptance by buyer & seller; the buyer will then initiate their desired list of inspections like you have done.  The general home inspector has apparently noted that a specialist (AKA- roof = general contractor with roof experience and HVAC = licensed HVAC technician) should be brought in to evaluate those areas.  Much the same way we go to the doctor and they send us to a specialist if something appears out of the norm.  At which point you and your realtor will disclose in writing to the seller your desire for more information, fix/ repair and / or replace items noted in the inspection(s).  The seller has the right to do what you wish, refuse to do anything or anything in-between (EX: I won't fix the hole in the roof, but I'll take $450 off the price of the home if you're ok with it)  In the event you request the seller to (Example) replace the roof.  Generally they will ask for proof from a qualified professional before considering it.  At which point they tend to get their own opinion to check the validity of the claim and reach some form of compromise.  The reason a compromise is generally made is because the roof (our example) is still working properly and the question is at which point the roof will become obsolete; is it 2 years?  is it 9 yrs?

Ultimately, if you abide by the GLAR contract in giving these repair requests on time and the seller refuses to make any changes; your course of action is to decide whether to proceed with the purchase knowing the repairs / replacements will be a cost to you or do you decide the problems are in excess of your comfort level and must terminate the purchase of the property. 

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December 31 2013
No the seller isn't obligated to fix anything.

You should do your own inspections because they are for you, not the seller.

You decide if the repairs should included in the current offer price or not.  If the seller doesn't agree with your opinion then you should think about terminating the agreement.
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December 21 2013
Remember the phrase "Buyer beware"  You should preform any and all inspections that you desire during the inspection due diligence period.  If you discover any items that need attention then you should address them with an official written inspection notice detailing items of concern and include the inspection report.  Depending on the sellers situation they may negotiate, repair or refuse.  At that point you will need to make a decision on how you wish to proceed.
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December 21 2013
In most real estate purchase contracts the buyer is entitled to have any inspections that they want but the seller has no obligation to pay for inspections or repairs unless the contract states otherwise.

You are certainly advised to have a roof inspection and an HVAC inspection if you have any doubts about them. Neither should be expensive. Then if any repairs are needed you can try to negotiate with the seller to either have them done, or at least contribute to the cost. A credit would be another possibility.

A home with a new roof and/or HVAC should generally be worth quite a bit more than on without.
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December 21 2013
Profile picture for wetdawgs
If you wish those inspections, then you'll need to pay for them.      No seller is obliged to fix anything, but hopefully you have contingencies in your purchase offer so you can negotiate and/or back out of the purchase if the results are not to your liking.  

One of the things that sometimes surprises first time buyers is that may be expenses in the purchase process even when the deal falls through.   Hopefully you have a superb agent who can coach you through this process.

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December 21 2013
You should have them inspected by the specialist. If the reports don't suit you, you can back out. You can't really make them fix them.

If the house is currently priced right, with the old roof, and old HVAC, then adding new ones will not likely increase the value beyond the cost of the fixes. If the supply and demand changes the value will change and the fixed value could improve, or decrease.
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December 21 2013
 
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