FAQ for Sellers
Can a buyer cancel the contract?
Yes, they can. You cannot force someone to buy your home. Depending on where in the process will dictate whether or not it is a breach of contract. If it is, then there are legal means (mediation, arbitration or trial) to mitigate the breach. If not, then the contract has language that will define the legal process for canceling the contract and return all parties to presale position, excluding selling and purchasing expenses. Your broker should explain the differences.
Do I have to perform all repairs identified on the inspection reports?
No, you do not. Everything is up for negotiation. Repairs or lack of can be negotiated up front before the contract is accepted, or at the time the buyer presents you with a request for repairs. I strongly recommend attending to health and safety issues.
Are commissions to brokers fixed or can they be negotiated?
Commissions are always negotiable. Brokers may have guidelines for their agents, but a commission is never fixed. You will negotiate the commission, plus, how much of it to offer to the cooperating broker (buyer’s/selling broker).
Who pays closing cost?
That will depend on what is negotiated up front before accepting the offer. The contract used by agents who belong to the California Association of Realtors has the option of choosing who pays for an item that would be considered part of the closing costs. The buyers will request which items they would like the sellers to pay in their submitted offer. Have your broker representative explain. Also, some agents will tell you there is a standard, by county, dictating which principle pays for what. Not binding. If you don’t want to pay for something, then counter the offer.
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