Buyer Inspections/Repairs
Understanding Your Options Could Save You Thou$ands
By Greg Jansen
I. What Does the Inspection Cover?
The home inspection and the negotiations surrounding it is one of the most critical parts of the real estate transaction and a reasonable understanding of the process can save the buyer from unwanted costs and surprises both before and after closing. The Contract of Sale commonly used in the Greenville area gives the purchaser the “right and responsibility” to conduct home inspections but also attempts to create a fair groundwork for negotiating repairs and conveying the property from the seller to buyer. We highly recommend that you carefully read the paragraphs covering the home inspections and make sure you understand what repairs are and are not covered by the inspections and repair language in the contract. If you have any questions regarding that information please feel free to ask us or a local real estate attorney for clarification.
II. What Should You Inspect?
While the contract has a partial list of areas commonly inspected in a typical real estate transaction, you have the right to inspect for any conditions that you may be concerned about. If any special situations or health conditions such as allergies require special or unusual inspections, it may be wise to add special language to the contract to cover those conditions as covered in paragraph VI below.
We recommend the following inspections if applicable:
- General Home Inspection
- Lead based paint
- Radon gas
- Mold
- Stucco
- Fireplace/chimney
- Well water quality
- Septic system operation
- Infestation Inspection
- Moisture
- Roof
- HVAC
- Survey
- Electrical
- Environmental
- Septic
- Well Water
- Asbestos
- Registered Sex Offender
- Others as needed
III. What Adverse Conditions Might not be Covered by the Contract and How you protect yourself?
You should be aware that the language of the contract excludes certain items and conditions commonly found in homes that might adversely affect the condition, costs, or future enjoyment of the home you are purchasing. Be aware of these things as you view homes. A partial list of things that are not covered and thus bear further consideration depending on the age of the home you purchase are:
o Certain Roof Conditions: The contract only dictates that the roof be free of leaks. A roof can be near the end of its life yet not require replacement per the contract. Even if there are leaks the seller could elect to repair a worn out roof instead of replace it.
o Double pain glass that has lost its seal.
o Appliances that are near the end of their useful life.
o Old heating and air conditioning systems that are near the end of their useful life or are no longer efficient.
o Antiquated electrical wiring conditions that may pass inspection from the standpoint of safety but never-the-less be deemed obsolete. Such as:
o Fused wiring systems that have not yet been upgraded to breaker boxes.
o Two wire outlets.
o Knob and tube wiring systems.
o Unusual requirements due to the health or allergic conditions of a family member.
o Other: _________________________________________________________
Especially older homes are more likely to have one or more of the conditions listed above so if any of these are of particular concern to you as purchaser make note of them. Many times a visual observation of the above systems will give you clue as to whether there may be reason for additional attention. Consider using the above list as a checklist when you consider making an offer on a home and discuss with your buyer’s agent how you can protect yourself from surprises.
IV. Things to Remember About Inspections.
A long discussion could be made regarding the merits of either using one “General Inspector” or using a long list of specialized inspectors or a combination of the two. I’ll instead just make a few comments to spark your thought as you consider how you would like to proceed with the inspection process.
- Remember! All inspectors are human, so on occasion they miss things.
- You will become more “intimate” with your home over the years you live there than the inspector will in the few hours he’s there. Expect to run into a few minor items over time that he missed!
- Should they miss something, most general home inspectors limit their accountability to the cost of the inspection. Thank you very much!
- General Inspectors are GENERAL Inspectors! Most general home inspectors do not inspect specific components such as heating and air conditioning as thoroughly as a technician hired from that specific industry to do a specific inspection. If you have concern about any specific system of the home, consider hiring a specialist to inspect that item.
- Make sure to ask the inspector if there are any systems or components of the home for which he will not be able to inspect and give an official opinion of condition. Don’t wait until the inspector arrives only to find that he does not feel qualified to give an opinion on an important component of the home.
- Remember that all inspections must be accomplished and requested repairs turned into the seller in a limited amount of time as specified by the contract.
- Consider whether it may be appropriate to hire a specialist to inspect one or more of the following components. Those listed in bold are components we have experienced to be more problematic within the realm of general inspections over the years because they require a special knowledge level and/or special equipment to do a complete inspection.
- Fireplace/chimney
- HVAC
- Stucco
- Roof
- Structure
- Plumbing
- Electrical
- Septic
- Well/water
V. Inspectors – General
The Greenville area has many good professional inspectors and the purchaser has the right to use any inspector they choose. As with any industry, some are better than others. Following is a list of inspectors who we’ve had a long record of experience and have found to be largely thorough and professional.
VI. Options to resolve adverse conditions not covered in contract language
There are several ways for a buyer to protect themselves from adverse conditions or to get the seller to correct the adverse conditions if they are excluded or not covered by the inspection paragraph.
- Write the item in as a condition when writing the contract. Ex: “Seller will replace the kitchen window which has lost its seal.” Or “Seller to replace fuse box with a 200 AMP breaker box.”
- If the item in question would be covered by a typical home warranty, consider asking the seller to pay for a home warranty or pay for one yourself. Note: Most home warranties only last for one year but are renewable annually thereafter.
- Write the following language into the “Contingency” line: “Contract contingent on buyer approval of the property condition based on inspections.” This language effectively gives the buyer additional leverage so that, if an item is found during inspection that the purchaser feels is a major issue, they can try to negotiate that repair or at their discretion, void the contract and have their earnest money returned.
VII. Repairs
As a purchaser, understand that the obligation of the seller is only to convey the home in the condition described by the contract. Therefore, keep in mind that while a roof or system of the house may be well worn, the language of the contract will allow it to pass as long as it is functioning properly. It is important to identify possible concerns like this early as discussed in Paragraph V so the buyer can move forward without surprises.
Finally, after the contract is signed and inspection completed, understand that you are entering a new phase of contract negotiation. If you still want to have the home you’ve fallen in love with, be ready to negotiate tactfully with the seller to gain the greatest benefit. You may want to consider “passing” on some of the smaller repair items if necessary in order to get the seller to handle all the more significant ones. Always feel free to ask your buyer’s agent for advice. They’ve been through this process hundreds of times and can give you excellent advice as you navigate through this experience, remember he/she represents you and your best interest!