I recently had some clients whose perfect dream home turned into the house from hell. Their emotions crashed from excitement and joy to fear and anxiety in a matter of days, while they were under contract to purchase the property! How can that happen? Well, meet the home inspector – Saint of Devil. We should consider first that a home inspection might save you, the consumer, from completing a purchase you could regret for a very long time. You (and/or the seller) may thank the Saint! Or, on the other hand, you may be frightened out of the sale for no good reason at all – that Devil! Nearly all Realtors have seen both extremes, and have seen both buyer and seller clients struggle over decisions with great uncertainty and strong emotions during the inspection process. It is usually not that way, and it can be avoided! This short article may help you find the Saint and shun the Devil – after all, the difference is really in the eyes of the beholder.
Let’s first look at the basic home inspection process. (Please discuss the details with your Realtor or attorney – this is just a very brief overview.) Homes are sometimes inspected before an offer is made, but normally, only after they are under contract. After a purchase contract is signed (offers are made, negotiated and accepted,) the purchase contract provides for various inspections – even if the property was listed for sale “as is.” The written inspection reports and an Inspection Response signed by the buyer must be provided to the seller within 20 days. Within 10 days of receipt, the seller and buyer are to reach agreement in writing for the possible repair of defects prior to closing. The many particulars of this simple process usually lead to happy buyers and sellers, and the desired closing. (The Saints and Angels be praised!) Or, any number of things in this inspection process can lead to termination of the contract and sale. Disposition of the earnest money deposited by the buyer and any possible damages suffered by the parties to a terminated contract depend entirely on the circumstances, reasons and behaviors of the parties. (Devil or Angel – it all depends on the eyes of the beholder!)
Consumers, let us dig a little deeper into the process before I offer my sage advice about Harps and Pitchforks. There are some legal contract issues involved. Here is a direct quote from our local sales contract. Note that all property sold in our area is sold “as is!’
“8. PROPERTY INSPECTION CONTINGENCY. Subject to the terms of this Section 8, Buyer and Seller agree that the Property is being sold in its present, “AS IS” condition, with no warranties, expressed or implied, and that conditions of the Property that are visible on a reasonable inspection by the Buyer should either be taken into account by the Buyer in the Purchase Price, or the Buyer should make the correction of these conditions by Seller a requirement of the Contract; this provision shall survive Closing and delivery of Seller’s deed to the Buyer.”
Also note that buyers can request a repair or correction as part of their offer. This contingency on the offer would be considered by the seller prior to entering the sales contract. True, a contingency like this might weaken the attractiveness of the offer, but this is the right time to negotiate an issue about the sale – not later!
Well! Then what is the purpose of the buyer paying for inspections after the sales contract is made? Good question, and really important to understand. Inspections such as a Whole House Home Inspection, a termite inspection or a radon inspection are done by qualified, state licensed professionals. The primary purpose of the inspection process is to identify and/or evaluate latent defects, such as serious environmental or structural defects that may not be easily evident to the buyer. These kinds of defects may be cause for terminating the purchase by the buyer according to the procedures in the contract.
A second very important part of the inspection process is for the buyer to simply learn about the new home. Homes today are complex, with complex systems. Home inspectors will go thru the entire property, pointing out how systems operate, identifying owner maintenance tasks, noting trends and making recommendations to the new owner. This is a valuable process and the new potential owners should certainly be present to benefit from this service.
OK, what about common, minor defects found during the inspection that the buyer should have noticed, but did not. That certainly happens during the excitement of choosing this one home to buy. Not every buyer has the opportunity to make more than one visit to a home before the offer, nor has the chance to bring another set if eyes to look things over. It is customary in our area, then, for the buyer to ask the owner in the Inspection Response to correct at least some of these defects that the buyer should have noted and considered in the purchase price, even if they do not rise to the serious level of structural or environmental defects noted above. The buyer and seller have 10 days to negotiate and agree on the requested items. Dollar allowances may be involved to resolve small differences, but this is not an automatic process to reopen negotiations on the purchase price. The agreed purchase price, of course, is a factor in reaching agreement on the extent of corrections or repairs to be made. Failure to agree on the corrections of inspection items may cause the contract for purchase to fail and be terminated.
So, consumers, the overall advice is obvious, but very important: Discuss the inspection process with your Realtor before you begin a purchase or sale. Set your expectations. Control your emotions – this is a business transaction, it’s not personal! Keep your eye on the ball and what you’re trying to accomplish – buying or selling the home (or not!) Keep a perspective by considering the cost of an item compared to the total price of the property. Negotiate clearly and fairly. Try to see the other party’s point of view. Easy, right? Most importantly, set a friendly tone with all parties by maintaining the focus you have established! So, Angels or Devils, inspectors are neither – they are just important players in our industry. The perceptions are your own, and you need to set your own expectations, because your perceptions are all there is ……
A little more advice: In the past, I have been a project manager for both small and very large construction projects. In the extremes of inspection reports, I fondly remember one that had over 300 items and took nearly a million dollars of supplemental funds to clear – business or not, that one caused some emotions. I have also seen a few perfectly clean final inspections on projects that had full time, on-site project engineers, empowered to direct changes during construction. That kind of quality program is very expensive, but sometimes necessary. The NASA space program set the standard for zero defect quality programs, and I’m sure you can imagine why. Residential home inspections also vary, but certainly not to those extremes. Here are a few observations that may be helpful to you as a home owner or buyer.
Your Realtor
Rely on your Realtor to advise you on the overall home inspection processes. Do not rely on your Realtor for technical evaluations, engineering opinions or application of standards. Realtors are not licensed inspection professionals, and in fact, are prohibited from offering assessments to clients about specific conditions of a property. It is not their job, and besides, real estate agents have various backgrounds and experience. (Or lack thereof.) Just as Realtors are not attorneys and cannot offer legal opinions, they simply cannot offer you opinions on technical or engineering conditions.
Your Inspectors
Do hire and rely on licensed professional inspectors to evaluate residential property. They work for you and that is the job they are trained to do. Inspectors are just people and they come with various skills, but I find they all work against established industry standards. The main variance in inspections is often a matter of tone and wording in the report, sometimes depending upon the software they use to communicate their findings. Consumers need to read past the verbiage and concentrate on the technical aspects of findings. When in doubt, follow up with your inspector for clarification of uncertain or unclear comments. Getting advice from a trusted friend, acquaintance or relative about a condition is sometimes helpful. But remember, the contract, and other parties to it, only consider opinions offered by licensed professionals.
Codes and Standards
Codes and standards for residential properties vary by location and by time. Pity the poor professional inspector that tries to apply volumes of code and even more volumes of interpretations as they change for even the simplest of findings. Professional licensed inspectors have recurrent training to provide home owners, buyers and others with sound advise and recommendations. As an ex-professional in the construction industry, I know that no residential property meets every code, standard or recommended best practice from every source imaginable. We could not afford to build, buy, maintain or live in such a home if it did. (Think about buying and paying for the space shuttle to live in!) So, consumers, it often comes down to common sense decisions you must make with input from professional sources.
And finally in that vain, there is no perfect home. All home inspections will reveal items for consideration by the buyer and seller. That’s the nature of inspectors trying to do a good job for their clients – identifying findings to be considered, whether maintenance items to watch in the future or outright safety conditions that require immediate correction. Even brand new homes can have a long list. (Yes, buyers, you should have new construction homes inspected!) Existing homes have the extra complications of normal wear and the evolution of standards since they were built.
As a real estate consumer, you are in charge of decisions when buying or selling property. The inspection process in our area is an important benefit to buyers and sellers when making those decisions. Take advantage of it by understanding the inspection process as an aid to you in making a home purchase or sale.