Don’t they have to fix that? Seller obligations and what “good faith” means

Sellers do not have to fix anything on their property before selling it to you. You, as a seller, do not have to make every repair a buyer requests. Buyers, you cannot count on getting a brand-new house out of the purchase of an existing house. However, both sides do have an obligation to negotiate in good faith. What does that mean?

Good faith means you are being honest about your intentions and are not trying to harm the right of the other party to benefit from the contract. An example would be if sellers do not say up front that they will sell the house only “as-is” and wait until after a buyer has invested in inspections and found a serious defect to say, “too bad, we’re selling it as-is.” That leaves the buyer in the difficult position of having to walk away with nothing to show for their money. Flipping that around, if a buyer, during the inspection period, has a change of heart about the house for aesthetic reasons, it is not good faith to blame the leaking water heater and then decline the seller’s offer to replace it.

Remember, too, that one transaction has nothing to do with another. Just because you chose to repaint your walls before listing (generally a great idea!), does not mean the seller of your new house has to. You had to replace your malfunctioning AC unit? The owner of the house you are now buying is not obligated to provide a new AC. These are unrelated transactions, with different people and different motivations.

Remember why you are selling or buying. Is there an agreement to be made that gets you to that goal? Or are you going to let temporary frustration with the other party distract you? Act in good faith, assume good faith, and you will have a smoother transaction and a better outcome for everyone.