Questions about Home Inspections
Both sellers and buyers always seem confused about the inspection process. Today’s game plan is to remove some of it.
Inspections requirements start to get cloudy when inspections have been done on a piece of property and then the seller and buyer part ways. For example, what if the reason the parties parted ways was that the inspections found out that the house has active termites, the heat exchanger was cracked and the roof leaked and the seller refused to make repairs to any of them, which the seller is entitled to do. When the house goes back on the market what of the now “Known” defects is the seller required disclosing to future buyers? The answer is…ALL OF THEM, as long as they are still in a defective state when the next purchaser comes along. Can the seller fix them, raise the price of the home and not have to disclose them? Absolutely!!
The biggest area that gets the seller in trouble is the basement and the lack of disclosure that the basement leaks. If it leaks say so, tell them how often and show them where it does. If they don’t want the house then so be it, but I submit to you that is much better than the lawsuit that follows when they find out you were less than perfectly honest about whether the basement takes water.
The bottom line to all of this is that as the seller you are not required to do any inspections or repairs that you do not agree to but you are required to let potential purchasers be aware of any defects to the property you are aware of. The way to avoid any confusion of what your inspection responsibilities are, is to ask this question of your agent when they are presenting a contract to you for your review: “Please explain what in I am agreeing to as far as any inspections are concerned”, and then decide if that’s agreeable to you. Easy Enough. Done Already!
- Is a seller ever required to have an inspection done on a home before it is sold?
- Is the seller ever required to do any repairs to their home? The answer is no.
- Can a seller stipulate that no inspections are allowed on a property?
- Can a seller sell the property “as is”? Sure, but that does not mean that the buyer cannot have it inspected and walk away if they are not satisfied. The only thing a seller is required to disclose are any defects the property has that the seller is aware of, and upon request make the property accessible for inspection, period. End of subject.
Inspections requirements start to get cloudy when inspections have been done on a piece of property and then the seller and buyer part ways. For example, what if the reason the parties parted ways was that the inspections found out that the house has active termites, the heat exchanger was cracked and the roof leaked and the seller refused to make repairs to any of them, which the seller is entitled to do. When the house goes back on the market what of the now “Known” defects is the seller required disclosing to future buyers? The answer is…ALL OF THEM, as long as they are still in a defective state when the next purchaser comes along. Can the seller fix them, raise the price of the home and not have to disclose them? Absolutely!!
The biggest area that gets the seller in trouble is the basement and the lack of disclosure that the basement leaks. If it leaks say so, tell them how often and show them where it does. If they don’t want the house then so be it, but I submit to you that is much better than the lawsuit that follows when they find out you were less than perfectly honest about whether the basement takes water.
The bottom line to all of this is that as the seller you are not required to do any inspections or repairs that you do not agree to but you are required to let potential purchasers be aware of any defects to the property you are aware of. The way to avoid any confusion of what your inspection responsibilities are, is to ask this question of your agent when they are presenting a contract to you for your review: “Please explain what in I am agreeing to as far as any inspections are concerned”, and then decide if that’s agreeable to you. Easy Enough. Done Already!
The Hall Realty Group, LLC.
Team Strengths, Individual Concerns
