Transparency Series #21
Unfinished Repairs at the Final Walkthrough
Clients: “Now what?”
Me: “I’m not leaving until we have a solution—and money set aside to make sure the promised repairs are completed. So… let’s have lunch.”
Fortunately, I’d packed a little snack. I had a feeling it was going to be a long day for all of us.
Why didn't we walk away?"
It’s a fair question.
Sixteen years ago, I probably would have put on my boxing gloves.
Those who know me know I can get a little scrappy.
Early in my career, I thought protecting my clients meant stopping the closing if the seller hadn’t completed the agreed-upon repairs.
Experience—and the Colorado Contract to Buy and Sell Real Estate—taught me otherwise.
Understanding the contract allowed my buyers and me to be strategic instead of reactive. Rather than hoping the repairs would somehow get completed later—or risking a dispute after closing—we stayed at the table until we negotiated a solution that protected everyone involved.
Colorado Contract Corner
One of the things I appreciate about the Colorado Contract to Buy and Sell Real Estate is that it anticipates problems.
It doesn’t simply tell buyers and sellers how to buy a home.
It tells them what happens when things don’t go exactly as planned.
Seller’s Failure to Perform – §20.2.2
If a seller fails to fulfill contractual obligations—including agreed-upon repairs—the buyer’s rights don’t automatically disappear at closing. Those obligations may survive closing.
Survival of Obligations – §25
The contract also states that any rights or obligations intended to continue after closing remain enforceable after closing.
Inspection Resolution – Paragraph 4
The Inspection Resolution reinforces that if agreed-upon corrections require action after closing, those obligations survive closing as well.
Knowing the contract didn’t make me want to close first and deal with it later.
It reminded me that solving the problem before everyone leaves the closing table is almost always the better option.
Unfortunately, we weren’t able to reach the listing agent. I’m sure there was a perfectly reasonable explanation. Perhaps he was out of cell service…
…at that moment.
…that minute(s).
…that hour(s).
The seller had already signed the closing documents.
What to do?
Fortunately, these weren’t first-time clients. We’d worked together before, and they knew I wasn’t going to leave them unprotected. So while we waited, we talked, laughed a little, and trusted that we’d find a solution.
Turning Point
After every reasonable attempt to reach the listing broker had been exhausted, I let the title company know my next step would be contacting the seller directly.
Interestingly…
Communication suddenly became much easier.
Once we were finally talking, there was still one important question.
Did the seller remain responsible after closing?
Instead of debating opinions, I opened the Colorado Contract to Buy and Sell Real Estate and cited the applicable provisions, along with the Inspection Resolution both parties had signed.
The conversation immediately changed.
We stopped discussing opinions.
We started discussing the contract everyone had already agreed to.
The Solution
The solution wasn’t complicated.
A portion of the listing broker’s commission was held in escrow until the agreed-upon repairs had been completed.
That protected my buyers.It also provided assurance that the work would actually be finished.
The repairs were completed.
The escrow funds were released.
And no one had to chase anyone down after closing.
What Experience Has Taught Me
Earlier in my career, I thought protecting my clients meant winning arguments.
Today, I think it means preventing them.
I’d much rather spend four extra hours at a closing table sharing cheese and crackers than spend four months helping clients navigate mediation or court.
Sometimes experience doesn’t make you tougher.
Sometimes…
It simply teaches you to pack a picnic.
Transparency Takeaway
Every real estate transaction has a few bumps in the road.
Most aren’t memorable.
A few are.
This one reminded me that the Colorado Contract to Buy and Sell Real Estate isn’t just paperwork.
It’s a roadmap for solving problems when they arise.
Understanding that roadmap allowed us to remain calm, think strategically, and protect everyone involved.
That’s a much better ending than trying to sort everything out after the moving truck has already pulled away.
Next up-
Five days before closing, we fought to save the buyer’s financing.
On the morning of closing, we finally had a solution.
Then one innocent comment at the title company changed everything.
Within minutes, people believed we no longer had funding.
When the boiler froze and the pipes burst, the assumptions began.
The facts told a very different story.