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Updated almost 7 years ago on . Most recent reply

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Hannah Diment
  • Studio City, CA
8
Votes |
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Pros/cons of buyer making TISH updates rather than seller?

Hannah Diment
  • Studio City, CA
Posted

Hello- I'm closing on my first duplex is NE Minneapolis on Tuesday, and on Friday they informed me that the seller had not yet completed the updates mandated by the city in the TISH report.  The seller seems to have inherited this and several other properties at the same time, and according to them, there was confusion about who was responsible for this and ultimately they dropped the ball.  I have the option to either delay closing indefinitely until they make these changes, or it has been proposed to put a good chunk of money ($20,000) into an escrow account from  which I can draw to make the changes myself, after which the remainder will be returned to the seller.  I would have 90 days to complete these changes. It seems like a good deal to me, because I am able to hire the professionals that I'd like as opposed to if they were to hire someone to do a subpar job for less.
I just wanted to check in on the forums if any investors have done this, and if there are any unforeseen big problems I may be missing here.  
Thank you!
Hannah

Most Popular Reply

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1,800
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John Woodrich
  • Flipper/Rehabber
  • Minneapolis, MN
1,389
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1,800
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John Woodrich
  • Flipper/Rehabber
  • Minneapolis, MN
Replied

Taking a step back, did your purchase agreement require the seller to make the repairs?  If you purchased it as-is you may be responsible for the repairs.  The seller's can pass them to the buyers but it isn't always the seller who pays for them.

I purchased a place in St. Louis Park that had major TIH required repairs including the roof.  We purchased the property as-is and at closing the city required the seller to transfer $15k of their proceeds to an escrow account and it was held until WE made the required repairs and got them signed off.  Our agreement stipulated we had to complete them within 90 days.

Unless your agreement requires the seller to make the repairs I am guessing you will have a similar arrangement.  I believe this is all different based on which city or who is regulating the housing, MPLS may be different.  Call the city on Monday and see what the options are, it is entirely possible MPLS may not let the seller pass on the RRs and it may delay closing.  Also double check your contract because the seller may not be liable.

  • John Woodrich
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