Inspection
All real estate contracts should
provide for a home inspection. You should always insist on it. Never
waive it unless you are buying a distressed property being sold
"as is"...and even then, do not waive it unless you know
what you are doing. You want to know what you are buying.
In many states, home inspectors are
not regulated. Unfortunately, many inspectors do a woefully
inadequate job. What's worse is many of these inspectors are
recommended by unscrupulous agents who do not want their contract
jeopardized.
You should select a home inspector
very carefully. Do not allow your real estate agent to select one,
unless you have (as discussed earlier) a good relationship based on
trust. You want an inspector who is representing and looking out for
you, and if your Realtor is looking out for you, they will want you
to get a good inspector.
If the home you are considering is
listed with a real estate firm, in some states the seller may be
required to produce what is called a "Seller's
Disclosure." In this document he or she is required to disclose
any known defects in the home. If your state does not require this,
ask for it anyway. Be especially wary if you are purchasing a
"For Sale By Owner." These are homes for sale without
Realtors, and they may not be subject to the same degree of
disclosure as is a home listed with an agent. It's possible that the
seller did not want to disclose certain defects and no agent was
willing to list the home without making them known. While it is
certainly not the case in each, or even most, FSBO's, it does happen
and you need to know it.
The inspector will look at your home
and tell you what works and what does not. You will usually then
have the option of requesting repairs or terminating the agreement.
In many instances, the seller will not be willing to repair small
items. In most cases, that will not be a concern. However, it is not
unusual for the inspector to find major problems that were
undetected, such as a leaky roof, malfunctioning heating/cooling
systems, wet basements, plumbing leaks or dangerous electrical
wiring. Armed with a qualified, professional home inspection I have
been able to successfully negotiate to secure new roofs, new
furnaces, waterproof basement treatments and a host of other items
for my purchasers. Remember, most items will be cosmetic or minor in
nature, and those you should accept. But if you are paying for a
home, you want to be sure it is safe. For example, one couple once
had an inspection reveal that carbon monoxide was being pumped
throughout the house when the furnace was running. Clearly, a health
item such as this needs to be addressed...and it was. They got a new
furnace from the seller. If your agent discourages you from a home
inspection, you have selected an agent of dubious
integrity...regardless of how many sales he or she has.
A good agent knows what is typically
replaced or repaired in these situations and what is not. A good
agent can tell you what the laws are in your state regarding
disclosure. Again, a good real estate professional can help
you decide which battles are winnable and thus worth fighting, and
which are not.
A good, strong agent
will strongly encourage you to have your home inspected by a
qualified, competent inspector. They are your consultant as much, if
not more, as your agent is your sales person. Working with you and
your agent, they can help you decide what is customarily repaired in
your area and what is not.
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