Replacing the windows prior to closing
Scenario : I represent the buyer - we’re under contract - and we’ve agreed to repairs based on inspection report. All the old windows were to be replaced prior to closing.
The listing agent is the seller.
We’re about 2 weeks from closing, and I follow up about repair progress.
Listing Agent: most of the repairs are done, and we replaced the windows that were leaking.
Me: Awesome, the buyer is expecting all the old windows to be replace, per our contract.
Listing Agent: I’m not doing that. I’m only going to fix the leaky windows. If the buyer doesn’t like it, I can cancel this deal and put the house back on the market. (bully tactic)
Me: I’m sorry if you didn’t read the contract fully, but the buyer is not asking for anything more than what we all agreed to. If you cancel this deal, you’re in breach of our contract and liable for damages. If this goes into a court of law, it’ll stall your ability to sell this house to anyone.
The agent changed his tune after that - he realized how ignorant he was being. No, you can’t just threaten to kill the deal and put it back on the market when you’re contractually bound!
Note: There are agents who will use this tactic, hoping they will scare you into just agreeing to what they want. Know your rights and know the contract. The beauty of contracts are they’re black and white. Here’s what was agreed to. Simple!
Outcome: our buyer got all the windows replaced at no additional cost to her.
If agents are not confident in the terms of the contract, or are reactive or impulsive when speaking to the other agent - they might be selling you short. If you’re an agent reading this, we hope it informs you about how to negotiate for your clients, and how to stay firm on what was agreed to. If you’re unsure, take a pause, let the other agent know you’ll get back to them. You do not have to answer immediately. Know your rights - know your clients rights, and consult with your broker or lawyer.