Can a buyer ask for repairs more than once?
QUESTION: I submitted an offer on a property for my buyer that included the Additional Provisions Addendum (Form 2A11-T) as part of the Offer to Purchase and Contract (Form 2-T). The addendum included several obvious repairs that my buyer wanted the seller to complete that we observed during the showing. The seller signed our offer, and my buyer went under contract.
After we received the inspection report, we sent the listing agent a Due Diligence Request and Agreement (Form 310-T) asking for additional repairs. The listing agent became furious, and claimed that we could not ask for additional repairs since all repairs were agreed to in Form 2A11-T. The listing agent also said that the seller will not perform the repairs in the addendum due to our breach of contract.
Did my buyer do something wrong here? Can the seller refuse to do the repairs in the addendum?
ANSWER: No and no.
Requests for repairs can be made at any time, even if repairs have already been agreed to in Form 2A11-T at the time the contract is executed. While a seller can sometimes be relieved of their contractual obligations if a buyer breaches the contract, there is no breach here just because the buyer has requested additional repairs following an inspection.
Repairs in Form 2A11-T are quite different than repairs that are presented on Form 310-T during the transaction. Because the Additional Provisions Addendum is part of the contract, any repairs agreed to in that form become binding once Form 2-T becomes effective. After the contract becomes effective, Form 2-T makes clear that the seller has no duty to complete any repairs requested by the buyer, even if requested as part of an FHA or VA loan appraisal.
Repairs presented in Form 310-T are merely a request after the Effective Date that the seller is free to accept, counter, or deny. Repairs agreed to in Form 2A11-T become binding as soon as the contract becomes effective, and the seller must complete the repairs by Settlement in a good and workmanlike manner or risk being in breach of contract themselves.
If the seller now refuses to perform the repairs in Form 2A11-T, then the buyer may need to seek legal counsel and be advised of their contractual rights. If the buyer closes and the agreed upon repairs are not completed, or are not completed in a good and workmanlike manner, then it may be difficult for the buyer to require the seller to perform post-Closing.
Release Date: 9/25/2025
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