What are a Seller’s Maintenance Requirements?
Sellers of properties must make a decision concerning what sales contract to use, taking into serious consideration the repair requirements that the seller is responsible for between the time of contract signing and the closing date.
One choice in the Sunshine State is the Florida Realtors/Florida Bar “As Is” Residential Contract for Sale and Purchase (As Is FR/Bar). Another option is to select a contract that contains repair obligations up to a specified limit. This contract is the Florida Realtors/Florida Bar Residential Contract for Sale and Purchase (FR/Bar). A second contract of this type (with limited repair obligations) is the Florida Realtors Contract For Residential Sale and Purchase (CRSP).
But things are not always as simple as they seem. The parties to the transaction should understand the finer points of the contract concerning repair obligations.
For example, if using the “As Is” FR/Bar contract, the seller is not required to make repairs based on the buyer’s inspection – that’s part of the point of the “As Is” term. But what are the requirements under this contract if something breaks down or malfunctions after the inspection period but before the closing? The surprise answer is that in these situations, the seller is still obligated to make the repair, even with his “As Is” contract. In this contract, paragraph 11 (the property maintenance section), clearly states that beyond normal wear and tear, the owner must maintain the property including even the lawn and pool in the condition which existed on the date of the contract. Very specifically if a pipe bursts, or an air conditioner or refrigerator breaks down during this period the owner must repair or replace the item(s). Other examples of required repairs include a broken window, an electrical problem, a wall crack, etc.
It is the responsibility of the owner to keep the property in the same condition as it was when the contract was signed.
These repair obligations are also required under the FR/Bar and the CRSP contracts. The difference being that under these contracts the seller is also required to make repairs related to the buyer’s inspection up to the repair threshold stipulated in the contract. So, with these contracts the seller is required to make repairs based on the inspection and during the period after the inspection and up to the closing. This is specified in the FR/Bar contract in paragraph 11, as well. For the CRSP contract, it is specified in paragraph 8.