Dear David,

We sold our home six weeks ago and are scheduled to close in a month. The buyers recently came for a walk-through, and afterward sent us a “to do” list of things that were not included in the agreement. We’re excited to pass our home on to a new family, but don’t feel it’s fair to be asked to do things we never agreed to in the first place. If we refuse these requests, could the buyers decide not to close or walk away? – MIFFED

DEAR MIFFED: This happens occasionally, and may stem from inexperience on the part of the buyers, their agent, or both. In real estate, everything needs to be written into the Agreement of Purchase and Sale, and the time to negotiate is before the deal is signed, not after. Buyers are free to ask for almost anything in an agreement, but that doesn’t mean the sellers must agree.

Negotiations can be intense. From the sellers’ perspective, one spouse may be annoyed that the buyers asked for a nearly-new snowblower, while the other is simply relieved the offer came in above their bottom-line price and closes before the kids start school. Once a real estate deal is signed, both sides typically go back to their day-to-day lives. It can be frustrating when buyers “return to the trough” looking for extra value or asking for things they forgot to include originally.

Buyers are free to ask for what they want, but you are not required to agree to requests that were not included in the signed agreement. Under normal circumstances, turning down additional requests does not give your buyer the right to walk away from a firm deal. Sellers are obligated to meet their obligations under the agreement and maintain their property in the condition required for closing. If a buyer claims that something in the home has been damaged, removed, changed or misrepresented since the agreement was signed, things canoʻ get more complicated.

PRO TIP: Your Realtor should compare the buyer’s requests to the signed agreement and speak to the buyer’s agent before responding. Are the buyers concerned about something they noticed during the walk-through, or are they simply trying to improve the terms of their deal after the fact? Buyers cannot simply add new terms to a deal that has already been signed, and unless the seller is in breach of the written agreement, the buyer does not have the right to walk away.

That said, this may not be a hill worth dying on. You don’t need to give anything away, but if a buyer’s request costs very little or is of no real importance to you, you may want to consider that it’s likely important to them. Happy buyers and happy sellers always make for a smoother closing. #Advice #AskDavid #TheNegotiator