In South Florida, most contracts are written on As Is contracts. The seller doesn’t want to fix anything, and the buyer wants to be able to cancel for any reason, if they don’t like anything in the inspection.

Many times, if bigger issues come up in the inspection, the seller will issue a credit. Because, once those issues are known, the seller would have to disclose it moving forward, to anyone else who has interest in the property. So, it makes sense, for the seller to work with the buyer they have, and deal with the problem then.

However, some sellers won’t budge, and will say, “The property is As Is, take it or leave it.”

I always push for a closing cost credit for my buyers, rather than the seller repairing the item. Why? Because the seller is going to get it done as cheaply and quickly as they can. It is better for the buyer to get a credit, then hire their own contractor, to keep an eye on it getting done to their liking.

When writing a contract, I always point out to a buyer, that the inspection clause reads that they can cancel “at their sole discretion.” That means they can cancel for any reason they want. Buyers like that, so they know they can cancel for any reason that comes up.

Yet, on the flip side, when the inspection comes back, I have seen many buyers ask for everything to be fixed. I bring up the As Is clause, and suddenly, they forget it exists. I have seen buyers demand electrical outlets changed out, remotes, and other things under $100. It’s a piece of property, there are going to be little things that need to fixed in any property.

I advise my buyers that most inspections could show $2000-$3000 worth of little things that add up. Once you start seeing items that are over $500 to repair, then you can push for a credit.

I have a buyer whose attorney went over my head and sent a letter directly to the listing agent, saying that the buyer wanted everything fixed. It backfired, because it made it seem like the buyer was out of control, and the seller was less inclined to want to work with the buyer. The deal did not go through.

When you come from a rational negotiating position, you have a better chance of getting somewhere, and getting what you want. If you complain about issues regarding the roof, the plumbing, electrical, etc, which are bigger items, the seller will probably be more inclined to work with you on it, since they are serious issues that should be addressed. When you start complaining about an electrical outlet needing to be changed, or changing a handle, they are going to take you less seriously, and you are likely to get nothing or less of what you asked for.