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In a home purchase transaction, almost everything is negotiable-the price you pay; when you close the sale; the time periods for satisfying contingencies; who pays which closing costs; and who pays for defects discovered during inspections.

Home defects trigger buyer, seller negotiations

Buyers are usually eager for the sellers to pay for as many of the costs associated with the purchase as possible. Likewise, sellers prefer buyers to pay their fair share, at least. In reality, a contract that's negotiated with an equitable sharing of costs is usually one that will be mutually acceptable to both parties.

HOUSE HUNTING TIP: Before you start negotiating, find out what's customary in the area where you want to buy. Law rarely dictates who pays for which closing costs. But local custom often prevails. Although your aim is to negotiate the best deal possible, your initial offer should be appealing enough to the sellers that they are encouraged to accept it, or at least counter it. In most cases, it's best to follow local custom regarding the sharing of closing costs.

For example, if there is a local transfer tax that's customarily split 50-50 between the buyer and seller, follow local protocol and offer to share this expense with the seller. Sellers and their agents can become suspicious when an offer is presented with closing costs shared in an unusual manner. How closing costs are shared can vary significantly from one locale to the next.

The purchase contract encompasses all the terms and conditions that will apply to the transaction. Ideally, as many of the cost-sharing issues as possible should be incorporated into the purchase agreement. This will reduce the likelihood of future squabbles.

Some sellers do pre-sale inspections before putting their homes on the market. If so, you may be able to review a current pest control ("termite") report done by a reputable contractor before you make an offer. This way, you can resolve who pays for the inspection and recommended work when you make the offer.

It's difficult to resolve all inspection-related issues when an offer is made. Usually buyers do their own inspections. These inspections can reveal defects that were unknown to the buyers when they made their offer.

The purchase contract may specify who pays for such defects. For example, the contract may say that all systems are to be operative at close of escrow. If so and an inspection reveals that the furnace doesn't work, the seller may be responsible for fixing it.

However, the contract could specify that the buyers are purchasing the property in its present condition, subject to their inspections. The sellers aren't obligated to fix defects. And, the buyers can cancel the contract without penalty.

In this situation, inspections made during the transaction can trigger another round of negotiation between the buyer and seller. The equitable sharing of costs approach recommended above can work well if you have to renegotiate the contract based on new information discovered during inspections.

To help decide what's fair, make a list of the newly discovered defects. Obtain price estimates to repair the defects. Separate the work list into three categories: one for significant defects that must be repaired immediately, another for less pressing issues and a third for recommendations by inspectors that fall into the upgrade category.

It's easier to convince a seller to pay for repair costs if you are willing to share in the expense. Give the seller a copy of your work sheet to show him how you arrived at the amount you are asking him to pay.