Can I modify an offer contract after the inspection period?
Can I modify an offer contract after the inspection period? We put an offer on a house, had the inspection and negotiated a new offer contract based on the inspection. We didn't want to lose the house and so we didn't ask for the seller to do much to fix the issues. Since then we've gone back to the house and some of the issues that came up in the inspection feel bigger than we initially thought. We don't want to walk away from the house, but we're wondering if we can go back to the seller and ask them for repairs or money for these repairs.
Asked By Blaine | Scottsdale, AZ | 356 views | Buying | 10 months ago
Once the inspection period has ended, the terms of the offer contract are generally set, and making changes can be more complicated. However, it’s not impossible to request repairs or financial concessions after the inspection period if new issues come to light. The key is that both buyer and seller must agree to any modifications.
If you’ve discovered additional problems after the inspection period, the best step is to communicate openly with the seller or their agent. Explain your concerns and see if they are willing to negotiate repairs or a credit toward the cost of repairs. Keep in mind the seller is under no obligation to agree once the inspection contingency has expired, but many are willing to work with motivated buyers.
Your real estate agent and possibly your attorney can help guide you through this process to find a solution that works for both parties.
This is a question to discuss with your buyer agent and perhaps also consult a real estate attorney. Every situation is different. If the seller and buyer agree, changes to a contract are made through an addendum to the original contract.
In Arizona, once the inspection period has passed and you’ve already negotiated repairs or credits, you generally cannot go back and reopen repair requests unless the seller agrees. The inspection period is the buyer’s window to investigate the property and either request repairs, negotiate credits, or cancel. After that period ends, you are bound by the purchase contract as written. That said, nothing prevents you from asking the seller for additional repairs or concessions, but they are under no obligation to agree. If the issues you’re concerned about are serious and were disclosed in the inspection, you would have had to address them during the inspection period.
Recommendation: Talk with your REALTOR® about approaching the seller to see if they’ll negotiate further, but be prepared that they can say no. Next step: Review the purchase contract and inspection report with your REALTOR® to see if any contractual protections still apply.