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.
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.
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
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....
On 4 Mar 2005 06:52:04 -0800, email@example.com scribbled this
Let's review some of the responses you've had:
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
Make your best guesstimate and hope for the best.
(Remove the Primes before e-mailing me)
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.
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.
About the time I had mastered getting the toothpaste back in the tube, then
On 4 Mar 2005 06:52:04 -0800, firstname.lastname@example.org 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
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.
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.
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
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
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
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.
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
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.
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