Do Buyers Have to Go to Closing After Finding a Defect?

What happens when a buyer discovers a defect during their final walkthrough — just a day before closing? Do they still have to go through with the deal?

Buyers complete their home inspection, negotiate repairs with the seller, and everything seems set. Then, during the final walkthrough — just before closing — they notice something new. Maybe it’s a foggy window that wasn’t visible before because of the weather.

The question becomes: Do they still have to close? The Short Answer: Probably, Yes

If the defect existed when you purchased the property — even if you didn’t notice it or your inspector missed it — you generally still need to go to closing.

Most real estate contracts state that the property is sold “as is.” That means the home’s condition at the time of ratifying the contract is what you’re agreeing to buy, except for any specific repairs negotiated after the inspection.

What “As Is” Really Means

The “as is” clause doesn’t mean the seller can let the property deteriorate before closing. The contract usually says the home must be delivered in “substantially the same condition” as it was when the offer was made or the contract was signed.

So, for example:

If the appliances, HVAC, and doors were working and the carpet was clean at that time, they should still be in that condition at closing.
If there’s a new stain on the carpet that wasn’t there before, the seller is responsible for addressing it.

But if a cloudy or foggy window was already there — even if it wasn’t noticed — it’s considered part of the home’s original condition. That means the buyer still has to proceed to closing.

When the Seller Fails to Complete Agreed Repairs

Now, if the seller agreed in writing to fix something (like that foggy window) as part of the home inspection negotiations, and then fails to do it, that’s a breach of contract.

However, a breach doesn’t automatically give the buyer the right to cancel the deal. The buyer must still go to closing — but they retain the right to seek remedy afterward, such as legal action to have the repair completed or to recover the cost.

Final Takeaway

When buyers discover a new issue during the walkthrough, the key question is:👉 Was the problem present when the contract was signed, or did it develop afterward?

If it existed before, you likely must close. If it appeared after ratification, the seller may need to fix it before settlement.

And remember: a seller’s failure to complete promised repairs is a breach — not a voidable event.

That’s the thought of the day.

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