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Q: “I’m representing a seller on a transaction subject to a home inspection contingency. Since the inspection, the buyer has asked for repairs to the roof to prevent leaking, as well as for a fresh coat of paint in the basement. My seller agrees with repairing the roof, but will the buyer be able to terminate the deal if the seller doesn’t repaint the basement? We use VAR standard forms.” 

A: No, in this scenario the buyer would not have the right to terminate the contract based on the seller declining to repaint the basement. The Virginia REALTORS^® Home Inspection Contingency Addendum (Form 600D) allows for the parties to negotiate the resolution of deficiencies to the property found subject to a home inspection. If the parties cannot agree on a resolution for any deficiencies, the buyer has the right to terminate the contract. However, deficiencies are defined as, “…those items that could negatively affect the decision of a reasonable person to purchase the Property. Deficiencies will not include cosmetic items [or] matters of preference….” In the scenario presented, a leak-prone roof would constitute a deficiency, but a fresh coat of paint in the basement would be merely cosmetic. As repainting is a cosmetic request, the buyer would not be able to terminate the contract based on the seller declining. 

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