What happens if the purchaser observes a defect before closing?

If a purchaser observes a defect before closing, they should bring it to their lawyer’s attention right away. Depending on the issue, the buyer may be able to negotiate a reduction of the purchase price to account for the deficiency. Technically, the buyer’s obligation is to observe issues before entering the Agreement of Purchase and Sale (APS), but in many cases, the seller will give in rather than risk the buyer trying to exit the transaction. If a problem was not observable before the APS was signed, the buyer is in better standing to request the seller fix the problem or provide an abatement.