The truth is ALL homes are sold as-is. Sellers are never under the obligation to make repairs unless they agree to, short sale or not.
Now while it is generally in the sellers best interest to remedy or somehow accommodate for defects discovered during an inspection, sellers are under no legal obligation to do so.
While your purchase contract will spell out what recourse you have for inspection issues, most of the time a contingency for home inspections allows the buyer to rescind the contract should a home inspection reveal the home to be in unsatisfactory condition and if no resolution can be reached between the seller and buyer.
These same rules apply to short sales.
Now keep in mind, in a short sale there is always a greater likelihood that the seller lacks funds to make any major repairs and is more likely to agree to a credit or a price reduction to accommodate major inspection findings, but I have seen plenty of short sellers make repairs on their dime to help facilitate their home sale.
If a home is advertised as-is, or if the buyer in writing agrees to accept the home as-is, but includes a home inspection contingency – the buyer may still walk away from the purchase if inspections are unsatisfactory. The buyer may also choose ask for financial compensation or sometimes they still even ask for a repair to be made…and the seller has the right to respond however they wish. Short sales are no exception.
Last Updated on September 19, 2017 by Minna Reid