home inspections

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Doug Miller wrote:

Um, well....if the owner knew of the significant defects and didn't disclose them, then you would have recourse against the owner. Right?
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then you would have recourse against the owner. Right?

Proving that a home owner knew something & did not disclose it would be pretty impossible unless the guys is a moron & ran his mouth all over town or got a bunch of estimates
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longshot wrote:

Or painted over a ceiling where it was leaking, etc.
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As I recall, there is legal recourse (not a very inviting prospect if you need to use it) for major flaws that have been concealed by the seller. But if he sold without knowledge of a flaw leading to a failure after sale he, the seller, is generally in the clear.
I've sold two houses and bought three all without inspections, all before the current craze for prepurchase inspections. It seems to me that, after considering the age of the house, its apparent level of maintenance and the neighborhood in which it is situated, a moderately knowledgeable buyer might well choose to dispense with an inspection.
SJF
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HOuse inspections can cost several hundred dollars. Some may not want to pay this much for a service , especially if they do not buy the house. I just bought a house about a year ago. While I could look over the house and determing a few minor defects, I would hate to miss something that would cost a lot of money to repair. I did refuse the 'insurance' from the house inspection. After looking over the insurance contract , it did not seem to offer very much protection . I was at the inspection (asked and the inspector said it was fine for me to be there). We only saw what I thought we might see in a 20 year old house. This was good. It could have went the other way and I could have missed something that would have cost thousands that I had not allowed for in the price of the house.
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snipped-for-privacy@nf.sympatico.ca wrote:

In addition to other comments regarding state requirements on seller for disclosure, it isn't a foregone conclusion that you're totally indemnified from recourse by buyer if a material defect were to be discovered.
As Bruce Williams so often states, to go into any real estate transaction w/o legal representation on <your> side is foolish...
And, btw, don't be too complacent that the offerer has approved financing--it's quite possible when that step occurs his lender <will> come back w/ the request for inspection....
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On 4 Mar 2005 06:52:04 -0800, snipped-for-privacy@nf.sympatico.ca scribbled this interesting note:

Let's review some of the responses you've had:
naive gift horse you're the one who might be making the mistake buyer is a fool check with a lawyer
While each and every one of these may be true, it ain't necessarily so. Granted we're far from normal in this case, but I've never bought a house and felt the need to pay for the opinion of a home inspector. In each and every case, I already knew the issues the house had and was prepared to fix them. The buyer may be naive, you may indeed by lucky or making a mistake, the buyer may be foolish, and it is always good advice to seek legal counsel.
That being said, what is your lawyer's opinion? Are you comfortable with the contract? Are you unduly exposed to problems if the sale goes through and issues arise after the fact? It is always the case that the buyer should beware. I don't know the buyer, but he or she might be better educated than you about the state of your home just by doing a walk through. And I'm not talking about minor issues like the occasional plug with reversed polarity or burned out light bulbs or drippy faucets (all of which I've seen reported on their reports!)
Remember, a home inspection can cause lots of problems, especially if the inspector isn't all that good. A top-notch home inspection is a worthwhile endeavor for a buyer who is clueless. A poor home inspection can create problems for all parties involved, from the seller to the buyer to the agent to the mortgage company to the title company to people who've worked on the home in the past and have to go back out and educate a so-called professional who should already be educated!
Make your best guesstimate and hope for the best.
-- John Willis (Remove the Primes before e-mailing me)
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Home inspections are not required by the lender. Pest inspections are. It's up to the borrower and some new home owners either don't know they can get one (the realtor isn't doing a great job) or they don't feel like shelling out any more in fees. It's very possible that they have a friend who is a contractor/engineer/inspector and had them look at the house with them to point out any potential problems. Someone could make a list of things to look for and you do the inspection yourself as long as you can remain objective.
snipped-for-privacy@nf.sympatico.ca wrote:

with
to
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So the buyer didn't make his offer contingent on an inspection. This means he is willing to take the risk of becoming the owner of your property without the comfort of a second opinion. He may wish a fast close.
If you are happy with the other terms of his offer take it.
The inspection clause is often tossed in for a couple of reasons. First the buyer is worried about getting stuck with a lemon, and seconly the buyer is hoping a defect or two will be found to reopen the negotioations for price.
A buyer may elect to omit an inspection clause if he wants to lock in the property. If the most simple offer is accepted, all cash no contingencies the deal is done when the seller says yes and the buyer takes the money. The buyer does not risk delaying the close of the deal and giving the seller a reason to be tempted by other offers.
--

Roger Shoaf

About the time I had mastered getting the toothpaste back in the tube, then
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On 4 Mar 2005 06:52:04 -0800, snipped-for-privacy@nf.sympatico.ca wrote:

It is all about what the buyer wants. I bought a newly constructed house and on my offer I required an inspection, radon testing, several fixes, and closing in 5 days. The seller has the option of refusing the sale or making a counter offer. House sales are based on local and state laws. Strange, I had to "prove" that I was not married before I could buy (I guess that prevents buying a house behind your spouse's back.)
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you're getting a hack job here. buncha armchair 'experts' giving you advice. you're asking the wrong question anyway.
do yourself a favor. forget you started this thread, go down to your lawyer, and have them review the contract line by line with you. if you see something you dont understand, have them explain it to you. if you see something you dont like, change it.
randy

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An offer means nothing if the buyer can't get credit. Was this buyer pre-approved for credit? Most serious buyers want to bring in their own contractors/inspectors/friend, and are willing to pay for it. You may find you are just wasting time with a deadbeat.
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I do not trust home inspectors. Every one that I have come in contact with is a maroon in some respect. My current home is in the final stages of selling. The inspector sited, no gfci in bathroom, home built in 1999 and there are sticker that say gfci protected on each plate, gfci outlet is in another bathroom. WTF do you want? I guess that he could not plug in his $20 tester and read it. Another one was, tub drain slow, compared with what? It drains in less time than it takes to fill.
I spend a couple of hours sighting the code sections that apply and send it back. The home I am buying I am doing the inspection myself. I do not need to spend $400.00 for a maroon to tell me what the deficiencies are. Your buyers may feel the same.
If there was a season on home inspectors, I would have my limit the first day. As far as I am concerned it is just more government crap to invade our lives.
Has your realtor handed you the form to fill out for the homeowners claims you have had? That one is new this year.
Do you know you have to report a death in the home, BUT NOT if it is due to AIDS....
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SQLit wrote:

contact with

of
and
is in

his $20

He probably wanted a separate GFCI in each bathroom, each fed by its own branch circuit and breaker. Daisy-chaining one bathroom to the other would not fulfill that goal. I don't have the code cite handy, but I believe that was code even before 1999.

less time

Probably compared with what his experience tells him is a reasonable time for a tub to empty if the drain pipe is pitched properly and free of obstructions.

send it

What was your finding about the GFCI issue?
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scribbled this interesting note:

Holding in all that stress can be bad for your health. Let all out and tell us how you really feel about home inspectors!:~)
-- John Willis (Remove the Primes before e-mailing me)
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Either the buyer is not aware, or does not care, and they want the house.
At our location, if someone sells a home, they are responsible for any defects, that has not been written in to the agreement. There is no excuse, "I didn't know". Some of the sellers will have an authorized inspection done at their own expense, to know the condition of their own home, and have the results documented in to the description of sale. This way, the inspector can be held liable to some degree, also depending on the type of defect.
--

Jerry G.
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