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Home Inspections: Don't Buy a Home Without One!
Many people are confused about the purpose of a home
inspection. People often view an inspection report as a mandatory
repair list for the seller.
The fact is, sellers are not
required to produce a flawless house. They have no such
obligations by law or by contract.
With a home inspection, most repairs
are subject to negotiations between the parties to a sale.
Typically, buyers will request that
various conditions be repaired before the close of escrow, and
sellers will usually acquiesce to some of these demands.
But with most building defects,
sellers make repairs as a matter of choice, not obligation: to
foster good will or to facilitate closing the deal.
Sellers maintain the right to refuse
repair demands, except where requirements are set forth by stat
law, local ordinance, or the real estate purchase contract.
Legal obligations include things
like smoke detectors in specified locations. Contracts usually
stipulate that fixtures be in working condition at the close of
escrow, that windows not be broken, and that there be no existing
leaks in the roof or plumbing.
Before making demands on the seller,
evaluate the inspection report for the big problems. Look for
conditions that compromise health or safety or involve actual
leakage. Most sellers will fix problems affecting sensitive areas
such as the roof, fireplace, gas fixtures or electrical wiring.
If the house is not brand new, it is
unreasonable to insist upon correction of all defects. You risk
alienating the seller and blowing the sale.
The purpose of a home inspection is
to know what you are buying before you buy it. If you can't
re-negotiate the contract to your satisfaction, you can disapprove
the home inspection and cancel the sale without penalty.
As always, having a knowledgeable,
local agent representing you is the best security.
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