Let's Ask Katie - October 2026

Hello Katie, 

We are buying a vacation home and have a long list of repairs that the seller was very nice to agree to do. We are worried that the repairs won’t get done before we do our final walk through and we need to remove all contingencies now. We are feeling very uneasy about removing contingencies.  How do we protect ourselves?  

Lynette and Mac

Hi Lynette and Mac,  

First, congratulations on finding a vacation home–how fun! Removing all contingencies is always exciting and a little scary, when you’re relying on a seller to complete the repairs. 

Navigating the transition from inspections to closing in California requires a clear understanding of your contractual protections. Under the CAR Residential Purchase Agreement (RPA), homes are technically sold "as-is," but you maintain the right to negotiate repairs using the Request for Repair (Form RR). Once the seller signs this form, it becomes a binding amendment to your contract.

To ensure these agreements are honored, the seller is required to provide all paid receipts and invoices for the completed work at least five days before closing. As an added layer of protection, I often recommend a "conditional contingency removal" (Form CR). This allows you to remove your investigation contingencies while explicitly stating the removal is subject to the seller completing the agreed-upon repairs.

Your ultimate safeguard is the Final Walk-Through. If you discover repairs aren't finished, you can issue a "Notice to Seller to Perform" (NSP) or negotiate an escrow holdback to ensure funds are set aside for the work and not released to the seller until the repairs are completed. 

Note: This information is for educational purposes and does not constitute legal or tax advice. I recommend consulting with a qualified attorney or tax professional to determine the best structure for your specific situation. Katie Machoskie is a REALTOR and Certified Real Estate Negotiator As Founder of the Machoskie & Associates team at COMPASS in Orange County, with over 23 years of experience and over $1.4 Billion in sales. She and her team of neighborhood specialists are ready to assist you anywhere in OC. Have a question? Email her at [email protected] DRE#01380037 Follow her on Instagram @machoskiehomes.com