photo credit: evelynishere
There tends to be some confusion over what a seller must repair versus optional repair items. The standard Arizona Association of Realtors (AAR) purchase contract includes a section called “Seller Warranties” (italics are mine):
Seller Warranties: Seller warrants and shall maintain and repair the Premises so that, at the earlier of possession or COE: (i) all heating, cooling, mechanical, plumbing, and electrical systems (including swimming pool and/or spa, motors, filter systems, cleaning systems, and heaters, if any), free-standing range/oven, and built-in appliances will be in working condition; (ii) all other agreed upon repairs and corrections will be completed pursuant to Section 6j: (iii) the Premises, including all additional existing personal property included in the sale, will be in substantially the same condition as on the date of Contract acceptance; and (iv) all personal property not included in the sale and all debris will be removed from the Premises.
As noted, the seller has specific systems and appliances that must be in working condition by closing. This is independent of the buyer’s inspection and request for repairs. Any other repair requests are negotiable and the seller may decline to do them at the risk of having the buyer cancel.
However, in As-Is contracts, which are usually required by bank-owned sellers, the requirement to repair non-functioning warranted items is usually waived by the buyer. At best, the seller must only maintain the warranted items in the same condition as when the contract was accepted.
Be sure you fully understand the contract and addenda you sign when purchasing a home. Yes, there’s a lot to read and understand, but sections such as Seller Warranties are critical to understand if you want to be sure you are getting what you are entitled to by the contract.
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