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Salt Lake City Blog for Russian and English speaking community looking for real estate, legal and translating services and/or information

801-649-5883

801-649-5883
Marina Vialtsina

Tuesday, May 20, 2008

What is 10.2?

What is 10.2? 10.2 is a section of Real Estate Purchase Agreement, which specifically talks about 5 items sellers warrant to buyer:

1. broom clean and free of debris property
2. heating, cooling, electrical, plumbing and sprinkler systems and fixtures, appliances and fireplaces will be in working condition
3. roof and foundation shall be free of leaks known to seller
4. private well or septic tank servicing the property should have correct permits
5. property, improvements, including landscaping, will be in the same general condition as they were on the date of acceptance

Sometimes, Sellers concern than after the inspection, buyer will use "written objection" period of time as a renegotiation period. While it might be true, and I almost strong suggest to work reasonable things out, seller must be aware what items he/she must to repair, and what items are not up for negotiation.

On the date seller deliveres physical possession to the buyer, those 5 items should be completed. And, they are not up for discussion.

Let's review short scenario, seller and buyer under contract, and after the inspection, buyer requires seller to change the roof because it is an old one. Does he have to do that? As long as this roof does not leak, no, he does need to do that.

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