Hello, I sold my house in Oklahoma and the buyer has completed all inspections in the 10 day period. We received the TRR of repair requests and I had a question on one item. All inspections passed with very minor issues, ie., leaking kitchen faucet, a small area that needs painting on the siding, a nail hole in one shingle. And the last item the buyer wants done on the TRR is to "lower the flower beds" on two sides of the house. The buyer's structural engineer in his report said the flower beds were border line too high and close to the top of the slab. His recommendation was to lower the flower beds or dig a trench between the shrubs and the side of the house. Now granted this was a recommendation on his part and he also stated the flower beds were not up to or over the level of the top of the slab. We thought this was a ridiculous request to put on the TRR. We've read our contract and it reads items the buyer puts on the TRR report is suppose to be items to repair broken things, like hole in the roof, heat/air not working, etc.

The structure engineer said it's possible over time having the flower beds too high would cause moisute to seep into the house, etc. But what he failed to think about is, these flower beds have been like this for over 15 years! And the house has passed 3 inspections now during that time, two of which have occured within the past 60 days. So I'm going to mark out the "lowering of the flower beds" request and give it back to my agent. Am I out of line here for not offering to lower flower beds that are not up to high in the first place, plus the fact if there were going to be issues, wouldn't they show up after 15 years? I doubt if this is going to be a deal breaker but in case the buyer wants to back out, they put $5000 earnest money down, will I get their earnest money if they back out at this point based on all this information I've shared? Thanks!