You can never be too trusting when it comes to buying real
estate. The buyer is entitled to know what he/she is getting
for their money. The buyer should insist on an inspection
and full disclosure of the house being purchased.
Why Do You Need an Inspection?
An inspection is an opportunity to have an expert give
you an oral and written report as to the condition of the
property you are purchasing.
After researching recent sales in the area, you decide
that 30-year-old home for $180,000 is worth the money. You
make an offer, which is accepted. The next step would be
to hire an inspector. The report shows that the concrete
foundation is cracked. The roof and plumbing need to be
replaced. The cost for repairs adds up to $40,000. Your
inspection contingency would let you back out of this deal
or negotiate.
Remember to accompany the inspector during the visit. He/She
will give oral comments that give more specifics as to the
problems of the property. When writing a report, the inspector
must abide by certain legalities on paper. He/She will be
more open in person.
Why Do You Need Disclosures?
In most states, the law requires the seller to disclose
any knowledge about the condition or history of their home
to the buyer. For example a seller would disclose information
ranging from a leaking roof to their house being built on
a sacred Indian burial site.
Disclosure contingency gives you protection. Upon discovering
the roof needs replacing, you can either back out of the
deal or renegotiate for the cost of repairs.
It also makes the seller responsible legally. A seller
may go on record saying nothing is wrong with the house.
You move into your newly purchased house only to discover
that cracks in the foundation were filled in and painted
over. A court of law can view the disclosure statement as
evidence that you had no prior knowledge. The seller is
held liable for the repairs.
How Do You Get an Inspection?
The inspection is written in as a contingency in your offer.
Many real estate contracts automatically have an inspection
written into the terms.
The buyer is responsible for the inspector's fee. Ask your
real estate agent to recommend a list of local inspectors.
Please check references carefully. This type of service
may not be regulated in your area. There are two national
trade organizations. One is the American Society of Home
Inspectors (ASHI) or the National Association of Home Inspectors
(NAHI).
How Do You Get Disclosures?
As a buyer, you may request it as a contingency
in your contract negotiations. Your investment is not worth
being jeopardized. Insist on a home inspection and full
disclosure. Make your purchase contingent on approving the
results of both.
A "final walk-through" is not
a home inspection. Structural problems are only revealed
with a home inspection. A walk-through is designed to make
sure the seller has not damaged the property since your
first visit.
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