If something is in a sellers disclosure, is it non-negotiable?

I am looking at a property which has historic casement windows. In the sellers disclosure it discusses the missing/broken window panes. After the home inspection I requested that the windows be fixed/replaced, an outlet converted to GFCI and for the bathroom tub to be fixed and toilet unclogged. The seller will fix outlets in the living room but not the one I want converted to GFCI in the kitchen, the bathroom plumbing, but NOT the windows. Since they are historical that will be a costly fix and unrepaired that is a dealbreaker. My real estate agent stated she would pay out of pocket to fix my windows, but she was very rude and does not seem to have my interests in mind as she never told the seller that I was not interested unless the windows were fixed. Can I break my contract on the property and get my good faith deposit back? If not, can I get a new realtor to help me with the remainder of the contract?
Additional Details
Sorry, to clarify, the seller will NOT fix the windows because their condition was in the disclosure. No where in the contract does it say that the property is "as-is".

Okay, first, I haven't read any of the answers so if I repeat what someone else has already said, I apologize. Second, I'm speaking as a Realtor who works in Florida. Your state's laws may vary.

1. The house isn't being sold as-is. However, in our contracts there is a repair clause that states that the seller will pay 1.5% (or other agreed upon % or $ amount) towards repairs, AND 1.5% (or other agreed upon % or $ amount) towards WDO (wood-destroying organisms, ie: termite, mold) repairs. Check your contract and see if yours has that clause. The problem with historic homes, if the home is on the national, state, county or city historic registry, is that there are only certain building materials that can be used making the repairs very costly in some cases. The good news is that windows can usually be taken out and the glass itself replaced rather than buying new windows that fit the historic period of the home. The GFCI may be one of those items that the historic society frowns on, but I believe there's a fix to that - my understanding from a local master electrician. In either case, you should get a couple of estimates - at least three - from licensed contractors in your area so that you know how much to expect in repairs. And again, check if you have that repair clause in your contract. If the seller refuses to make the repairs that allowed within the contract repair cost, that may be a way to get out of the contract - if it comes to that - and get your escrow back.

2. Is the real estate agent the listing agent for the property? Keep in mind that if the agent is the listing agent, she is working for the seller, not for you, which means she doesn't have your best interests in mind. There are some agents who can successfully and quite easily work as what we call a transaction broker, in which the agent represents both sides in a limited capacity, but most can't and don't. Unless your agent is willing to put in writing that she will repair the windows, don't take in on faith.

3. Changing agents. Unfortunately, in Florida, and probably in most states, you can't simply change your brokerage firm because the real estate company is the one who "procured the sale". If you change companies, the seller will likely be obligated to pay the commission to your current company, not to a new one. For this reason, most companies will not take over the handling of this transaction. However, that being said, what you should do is contact is agent's broker and discuss your concerns. The broker can assign a different agent to you, or may leave you with the same agent but keep strong tabs on her to make sure everything is being done as it should be. In Florida, the brokerage is the one that gets paid the commission, not the agent. The brokerage then pays the agent, so it behooves this agent's broker to keep your business, either keeping the agent in line or letting another agent finish the transaction.

In either case, and because it sounds like you really want this house, you should probably contact a real estate attorney who will definitely be working for you and make sure the attorney handles every aspect of this transaction, including accompanying you to the closing, so that your best interests are met throughout. Any money spent on a good attorney is money well-spent.

Good luck to you!

In your offer, you should request any and all items you request the owner to repair or provide a cost adjustment for. If the seller accepts your offer, they would also then be accepting to your request. The inclusion of the repairs makes your offer conditional on whether the owner will accomodate your request. Once they accept the offer, the contract is binding.

Now, if the owner/seller DID NOT agree to your condition (repair windows), and this was not a part of the contract than you are probably out of luck---unless an option period was agreed on and you are still within that option period.

Other than that, if you back out, you'll probably lose your earnest money.

I am a Realtor in San Antonio, Texas. From what you wrote I think your Agent is frustrated with you. We are human you know. It seems like your agent is trying everything to make this deal go through including pay out of pocket to fix the windows you want fix, and you are still finding little things to negotiate that weren't there before, like converting outlets. Just because we are in a buyer's market doesn't mean the seller has to give in to all your wants. I dont really see a problem here.....you wrote

"The seller will fix outlets in the living room but not the one I want converted to GFCI in the kitchen, the bathroom plumbing, but NOT the windows. Since they are historical that will be a costly fix and unrepaired that is a dealbreaker."

Your agent is willing to pay for the windows so where is the deal breaker? I think you are just looking for an excuse to get out of the deal.

If you made your offer contigent on a home inspection approval, you can get out of the transaction and receive your earnest money back.

Because it is in the seller's disclosure doesn't make it non-negotiable, it just means it has been disclosed. And a house doesn't have to say "as is" - obviously the sellers are fixing some of the items.

I skimmed this long question and didn't read the responses, but dang, if the Realtor is willing to pay for the windows, put your pride in your pocket and let the Realtor pay. So she isn't the nicest person in the world, she didn't tell the seller because she is going to take care of it. She might not have attempted negotiations because the seller's agent might have said "don't bring me other problems or the deal is done" (or something to that effect). Realtors talk to each other, trying to make transactions go to the closing table.

Some Realtors have patience for first time home buyers, some don't - sounds like you picked one that doesn't. If you have lost faith in this Realtor's ability to represent you, ask the brokerage to assign another agent.

I've paid for alot of things in my day to keep a transaction together, I don't think it gets much "nicer" than that.

Call your brokers office and talk to the owner/manager. Just because something is in the property disclosure doesn't mean that you can't ask for it to be fixed.
I doubt that your agent understands how expensive the fix for those windows will be, or she wouldn't have been so flippant about them.
Sit down with your agent and their broker and let them know how you are feeling. Your agent should do what you ask them to do.

He must fix the bathroom plumbing, you are correct on that. If he has disclosed any other faults he has done the correct thing. He is not obliged to fix the faults, but often people come to some sort of agreement so the sale will go through.
I am a little confused when you say the Agent does not have your best interests in mind, yet she has offered to pay for the windows our of her pocket (commission)

Judging by what you have said I do not think you are going to get back your good faith deposit. Neither the seller or the agent have actually done anything wrong.

If you break your contract with this Realtor you are liable to pay her commission.

Sorry it is not better news. No, I am not a Realtor. I could never do that job.

Yes you can get out of contract as soon as your out your done with the agent get another

i think you can stop the deal and get out of it cause yo uhave so many days to not buy. you check that out and as your realitor. i would go with another realitor anyhow but yes when they let you knw about something you can't have it fixed but sometimes they have earnist money for fixing so much did they do this?

NO CONTRACT has to legally state "as is".

If a seller doesn't want to fix something, they don't have to, period. That ONLY gives you the right to walk away if you had a inspection contingency written into the contract...and even that doesn't give you an automatic out, b/c it depends on how your Realtor wrote that section.

You can't cancel a contract b/c you and your Realtor isn't getting along...that isn't the sellers problem.

What you CAN do, is call the Broker-in-Charge of your Realtor's firm and tell him you want another agent assigned to your transaction, and tell him why.

Your buyer's agreement actually belongs to the BIC and you can't find another Realtor on your own, or you will be in breach of contract with your Realtor and could end up owing two comissions.

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