09/22/2026
About 10 years ago, I represented a buyer on a home. The purchase agreement was sold-as-is. Sellers weren't going to make any required repairs on the property. As my buyer and I go through the property, there were several issues. The balcony has rotten away and was unsafe, the plumbing was leaking onto the basement, and there were section 1 dry rot sidings.
My buyer was worried about these issues with the home. I told my client to go ahead and make the request anyway, as some of the issues deal with health and safety. We went ahead and submitted the request. Two days later, the sellers agreed to make the repairs.
On the day of the appraisal, the appraiser raised some questions about the peeling paints along the fence. We sent out a second request for the sellers to make this repair.
This was when the sellers and their agent caught on. They suddenly remember the original agreement was sold-as-is.
The sellers' agent called me and demanded my buyer reimburse the sellers for the repairs they have made so far. As for the fence, the sellers are refusing to make the repairs. The original purchase agreement said, "Sold as-is and sellers were not going to make any repairs."
My response to the sellers' agent was this. The original agreement did say that. However, the sellers agree to the request for repairs. Therefore, this contract overrides the original agreement. As for the fence, if the sellers do not fix it, I will have the buyers take care of it.
This same scenario was brought up, except it was dealing with a builder. Now, this isn't the first time I've seen this happened. I've seen it happened to several buyers who went into the builder's agent and never obtain their own realtor representation.
The builders would offer huge closing cost incentives. These incentives are usually more than the buyer's closing cost. Now, buyers don't understand, in the lending world, lenders will not allow any money to the buyers. Whatever is left of the closing cost, goes back to the builders. But in order to do that, they have the buyers sign an addendum to decreasing the incentives.
Here was an example. A buyer went to the builder's agent. The builder promised to give $50K towards the buyer's closing cost. Towards the end of the closing, the builder's agent reduces that number to $20K, the actual cost of the closing cost. When the buyer didn't see the $50K incentives on the loan estimate, the buyer brought it up with the builder's lender and agent. The agent just told the buyer, the $50K incentives was in the original agreement and will be sorted out at closing. On the day of closing after the buyer have released their deposit, the settlement statement doesn't show the $50K as promised. It shows only $20K. When the buyer brought it up, the builder's agent told the buyer, the buyer had agreed to a decrease in the incentive through an addendum. Buyer suddenly recall signing such a document. But at the time there were just too many document for the buyer to read over. Buyer thought it was just normal disclosures.
Whether you are a buyer or seller, remember this. Any proceeding contract agreed by both parties override the terms of the original contract. Pay attention to what you sign. Better yet get a realtor representation, who has the knowledge and will go over the contract with you.
If you are buying or selling in the Sacramento, Yuba, Sutter, Butte and San Juaquin County, just give me call.