Active Rain Contests: Never Answer the Same Question Twice! The Difference Between Seller Does or Does Not Have the Right To Cure
By Pat Tasker, Your Milwaukee Metro Area Agent (WI)
(Shorewest Realtors)
In Wisconsin, our standard contract has the choice for the buyer writing the offer to say, if defects are found during the inspection, does the seller have the right to cure the defect or not. SELLER HAS THE RIGHT TO CURE: seller can notify buyer that they will "fix" the defect. Replace, or Repair, the seller will have it done before closing in a "good and workmanlike" manor. (sellers like this, so if the buyer finds a legitimate defect, but it is a low cost item, the buyer can't just walk away) SELLER DOES NOT HAVE THE RIGHT TO CURE: Buyer has the right to walk away if a true defect is found. This puts the control in the buyers court to have some say in who, what and how the defect will be cured. It almost never fails, if I write in the seller DOES NOT HAVE THE RIGHT TO CURE, the ...
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