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Dear Forms Committee: Can you please help clarify if the seller is responsible for repairs proposed on the Seller’s Repair Addendum if the buyer did not accept it before the inspection deadline?

Dear Forms Committee,

In a situation where the buyer and seller agree to the provisions in the Property Inspection period and have selected Licensed Professional Inspections (or are using OREF 058 – Professional Inspection Addendum), a seller rejects OREF 022A – Buyer’s Repair Addendum and proposes a response on OREF 022B – Seller’s Repair Addendum. If the buyer doesn’t accept the seller’s addendum until after the inspection period has ended, is the seller still responsible for completing the proposed repairs?

Answer: By filling in the appropriate blanks in the forms, the parties have agreed to an inspection period. The forms indicate that the inspection period includes both performing inspections and completing any negotiations for repair work. In this scenario, since the buyer did not accept the repair addendum before the end of the inspection period, the buyer is deemed to have accepted the condition of the property with no repairs.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.