An executed contract is in place, and the buyer had crossed out the waiver wording on the seller’s disclosure before signing. Within the 10 days, the buyer requests in writing that the seller install hearing-impaired smoke detectors. At this point, does the seller have a right to refuse? If the buyer is willing to waive his rights to require the seller to install, how should you document their agreement?

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  • An executed contract is in place, and the buyer had crossed out the waiver wording on the seller’s disclosure before signing. Within the 10 days, the buyer requests in writing that the seller install hearing-impaired smoke detectors. At this point, does the seller have a right to refuse? If the buyer is willing to waive his rights to require the seller to install, how should you document their agreement?

The seller does not have the right to refuse to install under the facts of this question. However, the seller does have the right to negotiate who will pay for the installation. If the parties cannot agree, the contract will terminate. As to the second question, there might not need to be any documentation of a waiver. The buyer’s acceptance of the property and willingness to close without the installation being complete would seem to be sufficient in most cases. However, if documentation of the waiver is necessary, the buyer could simply state in writing that he is waiving his rights under Chapter 766 of the Health and Safety Code.

Source: TAR

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