Wichita, KS asked in Real Estate Law for Kansas

Q: We are selling our home in Kansas to buyers being assisted by a relocation company. They had the inspection done on

Property and now are claiming that there is no negotiations because the relocation company wants it all done. We have never heard of this, we know they require the work done on the employee home sale, never with the Inspection of the purchased property by employee. Is this valid or legal?

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1 Lawyer Answer
Scott C. Stockwell
Scott C. Stockwell
Answered
  • Lawrence, KS
  • Licensed in Kansas

A: A typical residential real estate transaction in Kansas is structured to provide an limited time for an opportunity for an inspection to be conducted after the agreement is signed. Typically, there is also a procedure that allows the buyer to request repairs to address issues found. The seller may agree to the requested repairs, in which case the agreement becomes fully binding. If the seller refuses to make all of the requested repairs and the buyer and seller cannot reach a compromise, then the transaction unwinds. The essential concept is that, with further information, the buyer either does not want to accept the property before potential problems are fully repaired or the necessary repairs impair the value of the property so much that the original price is not acceptable.

The seller and buyer may or may not have leverage based upon the how tight the market might be. Some buyers will look at the possible repairs and not want to ask for them to be done and risk the seller saying no and walking away. In this instance, the relocation company may be simply acting like a sales manager at a car dealership. It may simply be a negotiating tactic to extract the most possible from the seller.

The exact details depend upon the terms of the agreement. You should consult with an attorney to review the specific sales documents in this situation and determine whether the buyer can make a take it or leave it demand at this point in time. Your attorney would want to look at the terms of the agreement to see whether the inspections were called for in the agreement and whether the time constraints in the agrement were met.

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