What can an agent do if buyer waives home inspection?

By
Real Estate Agent with RE/MAX Centre Realtors

I always encourage buyers to have a home inspection. Even if it is an AS IS sale I tell them that they can find out about all the material defects an can determine if they want to buy the house. I also tell them to get the radon test. A radon test costs about $125 in my area but if there is radon , the mitigation has cost about $1000 on average on the homes that I have sold.. I do not know if other homes will cost more.

If I am the buyer agent, I have them initial  our State approved agreement that says they waived the inspection and provide them information as to why they should have the inspection. When I show them the house for second showing if I see something that does not look right I advice them again to get an inspection .I tell them I do not know anything about an inspectors job and they should ask experts if they have questions. Even if I know the answer I do not advice on things that are beyond the scope of my job as a real estate agent.

If I am a seller agent and a buyer wants to make an offer and waives the home inspection I will make certain that all known defects are pointed out in the seller disclosure and actually go through the house with seller and ask questions and if I see something that should be mentioned I will request that it be mentioned.

This will protect the seller if the buyer comes back later  at walk through and points to something and says that it is a new defect that was not present when they made an offer.

A home inspection protects the BUYER and the SELLER.

I have heard of buyers holding up settlement because they discovered something at walk through. I am glad it did not happen to my clients but I learn from experiences of other agents and it has helped me . This happened recently to a friend of mine and prompted me to write this post.

A home inspector takes pictures during the inspection and these too can be used to determine whether a problem is something that happened after the agreement was accepted. The agreement of sale requires the home to be in same condition except for normal wear and tear and for things that seller agreed to repair to be repaired or replaced.

When a buyer waives the inspection it is not good for buyer. seller or agents. I would rather lose the sale than sell a home and find out the buyer client regrets not doing the inspection or the buyer blaming my seller clients for defects which should have been found by the inspector if they had the inspection.

 

Posted by

When you read about events please check the year for the event as some people find information a year later and think it is for that year. . The posts remain online even after the event.

Gita Bantwal is a Realtor with RE/MAX Centre Realtors in Bucks County, a Northern suburb of Philadelphia. You can view 1000s of listings on her web site www.GitaBantwal.com

 

She can be reached at 215-343-8200x124 or direct 215-275-8491 or via email gita01@aol.com

If you would like a FREE MARKET EVALUATION OF YOUR HOME IN PHILADELPHIA, BUCKS or MONTGOMERY COUNTY call me at 2152758491

 Gita specializes in Active adult communities and is a Seniors Real Estate Specialist. She holds the ABR designation (Accredited Buyers Representative) and specializes in selling to first time buyers as well as move up buyers.Gita also hold the CRS designation , Certified Residential Specialist and the CDPE designation as well. Information about real estate market is deemed to be correct but is subject to errors and omissions and should be verified independently.. Opinion expressed by me or others  in my post and comments is not to be construed to be  legal advice.I am licensed in Pa. Check real estate laws in your state as they may be different than in Pa.

IF YOU WOULD LIKE TO SUBSCRIBE TO MY BLOG         CLICK HERE   OR EMAIL ME AT Gita01@aol.com

 

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Rainmaker
1,001,173
Ginny Lacey Gorman
Homes for Sale in North Kingstown RI and beyond
Phillips Post Road Realty ~ 401-529-7849~ RI Waterfront Real Estate

Gita, interesting to my mind as representing the seller if the buyer waives inspection in this state it is 'buyer beware' and it is the duty of the buyers agent to do due diligence.  I have had 1 buyer that did bring up a deficient condition at closing (issue happened 2 days prior to closing)...closing took 3 hours and the listing agent contributed part of his commission to the buyer to get the deal closed...can be dicey.

February 28, 2013 04:19 AM
Rainmaker
1,427,513
Captain Wayne Rowlett
Florida Real Estate School
Rowlett Real Estate School LLC

Well said Gita.  I'm with you on this one.  A home inspection is very important for many reasons.  I've never had a customer refuse one.

February 28, 2013 04:22 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Ginny, Buyers said that it was not in sellers disclosure and it was an obvious defect that could be seen. I do not know what would have happened if they postponed closing at last minute at the table. They would have to get attorneys . I guess it depends on state laws.

February 28, 2013 04:24 AM
Rainmaker
1,371,541
Lawrence "Larry" & Sheila Agranoff. Call 631-805-4400 (c)
Long Island Condo & Home Sale Specialists
Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803
We suggest our clients to have one but never force them. Interesting that you have a state form for them to sign waiving the inspection. We don't have that here...
February 28, 2013 04:26 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Wayne, we have to convince buyers to get a home inspection.

February 28, 2013 04:26 AM
Rainer
50,366
James Brown
KWRC

Thanks for the article. I just assisted with my first "as is" property and we have scheduled a home inspection.  It is an estate sale and the property was bought in 1963.  The house looks great but like all the iceberg photos we see, my buyer was concerned about hidden problems.  So we wrote into the offer  an "as is" home inspection contingency.  Great for us.  We get to explore this gem on March 5th. 

February 28, 2013 04:28 AM
Rainer
152,877
Richard Burge
ABR - Property Manager - Notary
Coldwell Banker Sloane Realty

If you represent the buyers and they do not want a home inspection you need to have them sign a waiver of such service.   Home inspection, mold, survey, radon, erosion, termite,  whatever you as their agent think they should have to protect them in the deal. 

February 28, 2013 04:30 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Larry and Sheila, The agreement of sale is designed where they initial whether they are getting the inspection or not.

February 28, 2013 04:30 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

James, Good luck.

Richard, I agree.

February 28, 2013 04:31 AM
Rainmaker
1,516,855
Dorie Dillard
Realtor-Canyon Creek- NW, Austin TX Homes For Sale
Coldwell Banker United Realtors

Good morning Gita,

We have a state form also for a buyer to sign if they are going to waive inspections. We always recommend the buyer to get an inspection..if they choose not to they will sign off ....which reduces our liability.

February 28, 2013 04:36 AM
Rainmaker
1,758,089
Roy Kelley
Retired Real Estate Broker, Maryland Blogger

Good information for prospective home buyers.  We always try to convince purchasers to have a professional home inspection.  Our experience is that most of the local investors do not opt for a home inspection.

February 28, 2013 04:38 AM
Rainmaker
1,683,041
Gabe Sanders
Stuart Florida Real Estate
Martin County Residential Homes, Condos and Land Sales

Gita, excellent information.  Though I'm not sure how much protection a buyer who waives inspections will ultimately receive if issues come up.

February 28, 2013 04:41 AM
Rainmaker
1,823,753
Barbara Todaro
"New Franklin MA Homes"
RE/MAX Executive Realty

Good morning, Gita.... I've had this situation in the past and I had language in the purchase and sales agreement that covered the seller and the listing agent from any repercussions later.... it was spelled out in detail.

February 28, 2013 05:09 AM
Rainmaker
561,378
Joy Daniels
Joy Daniels Real Estate Group, Ltd.

This is great advice Gita.  The only time I don't make a huge deal about an inspection is when the buyer is a contractor that is buying the house to "flip" and has already gone through the house carefully.  Otherwise no one should skip this vital step!

February 28, 2013 05:22 AM
Rainmaker
162,444
Joan Congilose
CRS, CDPE, Top Producer Marlboro, Manalapan Homes
RE/MAX Central (732)232-5277

Hi Gita I always encourage a home inspection , even if it is an as is sale. If the buyers still don't want to spend the money on a home inspection I always make sure to document their decision and  notify all parties thet they have  waived their right to an inspection: lawyers, realtors, sellers.  

February 28, 2013 05:34 AM
Rainmaker
1,293,537
Andrew Mooers
Northern Maine Real Estate-Aroostook County Broker
MOOERS REALTY

Show me the house fax. How does anyone ever totally know what is lurking, if the place is haunted, etc until after the test ride ends. And they own the sticks and bricks.

February 28, 2013 05:41 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Dorie, Good idea.

Roy. Investors usually have experience and know what they are getting into.

Gabe, I have heard of them saying the seller should have disclosed.

Barbara, I love the idea of having the language in the purchase agreement to protect the seller.

Joy, Contractors usually know about the defects. That is the reason some buy these houses so they can save money by fixing it themselves.

Joan, good idea to notify all parties.

Andrew. I do not know how they can inspect to find out if it is haunted!

February 28, 2013 06:28 AM
Rainmaker
521,770
Patricia Feager, MBA, GRI, Cert Negotiations Expert, Military Relo Prof
The Little REALTOR® That Could
Keller Williams Realty

Gita,

TX also has a waiver form.

You are always doing what's best for your clients in PA!

Buyers should be proud to work with you.

February 28, 2013 09:26 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Patricia, Thank you.

February 28, 2013 11:27 AM
Rainmaker
686,308
Clint Mckie
Desert Sun Home, Comm. Inspection 1-575-706-5586
Desert Sun Home, commercial Inspections

Hi Gita,

Congrats on the Featured post.

There are still a lot of Realtors here in Carlsbad that still get a "WAIVER" signed by the buyer. Just to find out things down the road. The buyers are relying heavily on the word of the Realtors. The Realtors tell the buyer  things like "it's a very good home" or

"there was an inspection a couple months ago and there was nothing found"

Or, "I know the sellers and if there was anything that should have been in the disclosure it would be in there"

I have heard all kinds of things from a buyer who was talked into signing a waiver. I am involved in a lawsuit now that was just the case.

ALWAYS get a home inspection no matter what.

Have a very good day in Bucks County, Pa.

Best, Clint McKie

March 01, 2013 05:00 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Clint, Thanks for the comments . The post is not featured but I am glad many people have read it,

March 01, 2013 05:05 AM
Ambassador
653,309
Karen Crowson
Livermore Wine Country Homes
Alain Pinel Realtors, Pleasanton, CA
That 'buyer beware' phrase is central to this discussion. If buyers are not setting aside money for inspections upfront, they could be making a huge mistake. I can see why contractors may forego this step, but not your average buyer.
March 01, 2013 05:16 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Karen, I agree.

March 01, 2013 05:19 AM
Rainer
39,895
Allen Deaver
Allen Deaver
Sky Realty

Gita I always recomend my buyer clients get a home inspection. Even with a new built. But in Texas we do have a state approved form for waiving that right. If the buyer waives their right to an inspection after signing the form it is not the respondsibility of the buyers agent.

March 01, 2013 05:21 AM
Rainmaker
136,121
Marshall Brown
BSEE, CHI
Mid America Inspection Services, LLC

Gita, I really hope your feelings on this issue are contagious! This could be a truly benificial epidermic for all concerned in real estate transactions.

PS: Check again, it looks like you ARE featured.

Mid-America Inspection Services, serving Fargo and West Fargo, North Dakota, Moorhead, Alexandria, Fergus Falls, Detroit Lakes, Wadena and the Minnesota Lakes Region

 218-443-3555, 320-846-0004, 218-287-0877, 218-841-0444

midamericainspections@gmail.com

www.midamericainspection.com

March 01, 2013 05:22 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Allen, I am glad they have the form.

March 01, 2013 05:22 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Marshall, Thank you. I will check it.

March 01, 2013 05:23 AM
Rainmaker
238,325
Mike & Eve Alexander
Exclusively Representing ONLY Orlando Home Buyers
Buyers Broker of Florida

I cannot remember a single time that my buyer decided not to get a home inspection...but occasionally they will try to cut corners on getting a survey or something like that.

In that case, I send them an e-mail with my "professional opinion"  asking them to re-confirm that they are relying on their own expertise and choose not to do the test or whatever it is.

Then I print out their response and put in their file.

Talking to them and what you say, will mean NOTHING in court.  If there is some verbage buried in the contract, I do not consider that good enough, because  if you are indeed representing the buyer than you need to aditionally point it out to them and not ASSUME that they read it, or understand the pitfalls.

Get it in writing!

Eve in Orlando

March 01, 2013 05:23 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Eve, thanks for the tip to email them and get the response in writing.

March 01, 2013 05:25 AM
Rainmaker
312,769
Frank Laisch
"The Insurance Guy"
Stewart Title Company

Gita, Great post! having the waiver form signed is so important if the buyers are waiving the home inspection. It can protect the agent in the long run.

March 01, 2013 05:33 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Frank, The buyers will hopefully reconsider when they read the waiver information.

March 01, 2013 05:35 AM
Anonymous #32
Anonymous
Anonymous

Great advise. It's best for the buyers to get the home inspection, but unfortunately some choose not to. The waiver at least offers some protection.

March 01, 2013 05:42 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Gary, We should do our best to get them to do the inspection.

March 01, 2013 05:44 AM
Rainer
12,550
Emmanuel Scanlan
PS Inspection & Property Services LLC

Hello Gita,

If I can make a suggestion that might help?  Choose a well written inspection report from a very detailed inspection of a previous home you have dealt with that was supposedly a gem or very good property but after the inspection it was learned to be different.  Contact the Home Inspector and ask them to sanitize the personal information and any necessary photos to protect the current owners of the home.  Create a home inspection information package to include the report, the listing information (sanitized as well), a copy of the home inspection waiver form or clause explaining it too, and either your written article or one from another source explaining the importance of a home inspection.  Provide that to your client when you sign them on and make a point to review it as well as the remainder of your agreement, operational details, etc.  Have the client sign they received that home inspection package along with the agreement paperwork.

With this information the client can see first hand just how important a home inspection can be.  If they choose to still waive the home inspection then you have done everything you possibly can to ensure they understand the importance of a home inspection.  From there it is completely up to them, and you are also well covered in that area if the client has any issues afterward as a result of waiving their rights.

 

 

 

March 01, 2013 05:48 AM
Rainmaker
501,386
Pat & Wayne Harriman
Broker/Owners, Wallingford CT Real Estate
Harriman Real Estate, LLC (203) 672-4499

We do everything we can to get a buyer to do an inspection. If they opt not to do one, we explain that they do so at their own risk. We had a buyer not do an inspection and later during remodeling found extensive termite damage. An inspection would have discovered this and may have saved him thousands of dollars. It was hard not to tell him, 'We told you so".

March 01, 2013 05:54 AM
Rainmaker
574,640
Valerie Zinger
Home Organizer
House Proud Ottawa-Ontario-Canada

Gita:  It would be false to expect an inspector to find every fault with a home (they can't take down drywall) but....  a good inspector teaches the Buyer about the care and maintenance of the home at the same time as looking for problems along with the good.  

March 01, 2013 06:04 AM
Rainer
156,371
John Dotson
The experience to get you to the other side!
Preferred Properties of Highlands, Inc. - Highlands, NC

Gita, sounds like you have all your bases covered.

In North Carolina we have a due diligence period which allows the potential buyer to have every inspection imaginable.  Prior to the end of Due Diligence they can get out for any reason, or no reason.  Once that runs out they are pretty much stuck.

If my folks refuse a home inspection I tell them they better have an iron stomach.

As Eve indicated, document it all!!!

March 01, 2013 06:09 AM
Rainmaker
16,563
Jay Cooke
People Always Come First
Coldwell Banker Previews International

Howdy,

Like others, I have never had a client who hasn't done an inspection.  On occasion however, during an inspection, the offer has been terminated along with the rest of the inspection!  Coldwell Banker has a form that if used should the buyer opt not to do inspections.  If you have such a buyer and don't have a company form, reach out to your board or association.  This is another important part of your paper trail.

March 01, 2013 06:36 AM
Rainmaker
97,502
Rafi Footerman
Home Inspector, Mold Inspector, Radon and More!
Mid Jersey Inspections

I think you are doing all you should and have the perfect outlook to properly serve your clients.  Very few buyers waive the inspection in this area.  If fact, some still have inspections when they plan major renovations or even tear downs.

March 01, 2013 06:43 AM
Rainmaker
62,027
Andrea Curtis United Country Premier Properties Certified Military Relocation Professional
Certified Military Residential Specialist
United CountryPremier Properties

I tell them a lot of what the inspector does and why they should get the inspection.  BUT if they still refuse I will have them sign a waiver which states they are not having an inspection done against my advice.

March 01, 2013 06:48 AM
Rainer
107,311
Ron Aguilar
Mortgage & Real Estate Advisor since 1995
Real Estate Buying Advice

Gita, thanks for the post, good information from everyone

March 01, 2013 07:10 AM
Rainmaker
379,888
Diane M. Phillips
Realtor 443-286-4365
Frankly Real Estate Inc.

Gita ~ Documenting that they made the choice is the only way to go.

March 01, 2013 07:23 AM
Rainer
46,892
Theresa Akin
CORPUS CHRISTI REALTY GROUP

I totally agree with you. Even if the seller is acquainted in any way shape or form,i.e. relative, neighbor, co-worker and always ask if there is a sellers disclosure so the buyer knows exactly what they're up against. If the buyer still insists on no inspection, I have them sign a waiver. I have suggested to the buyer often to atleast get a free estimate on the foundation. If it's free why not.Often they go ahead and pay for the inspection. I retrieve all information I can about the property, such as windstorm insurance, permits that may have applied for and approved or not. 95% of the time after gathering this information, they will go ahead with an inspection. One buyer backed out when the seller found out he was going to have an inspection. They worked with each other and the seller said to the buyer, "I've told you what there is to know about the house." Just didn't tell him the 800 sf add-on wasn't permitted. My buyer went onto another house and had an inspector already lined up. We closed on that one. All kinds of paperwork provided. The prior house belonging to theco-worker burned because of improper wiring to the add-on.

March 01, 2013 07:39 AM
Rainer
16,247
Matt Keough, New Castle County, DE
Matt Keough Agent New Castle County Delaware
Patterson-Schwartz Real Estate

I have them agree to the home inspection prior to making the offer.  If they elect to waive the home inspection, we have a waiver form that they must sign, which points out the importance of the home inspection, the major pitfalls, etc....

I strongly suggest to potential sellers to have a home inspection and fix everything that comes up, that way they have a comfort feeling when negotiating the sales agreement that they will not be making additional price reduction or paying for work to be done.  It makes everything a little easier.

It is best for eveyone to cover themselves.

March 01, 2013 07:42 AM
Rainmaker
176,206
Barbara Le Pine
S & W Real Estate, Newport OR
S & W Real Estate, serving Lincoln County

I agree with Matt, #44 - No home inspection, therefore no pest and dryrot report to give to the buyers lender when they ask for it, no way to effectively refer to professional inspection report to ask seller for repairs upfront which may be lender required repairs later in the transaction. The only time to waive inspection is a contractor buying house with cash and they have inspected it themselves.

March 01, 2013 08:38 AM
Rainmaker
215,301
Michele Connors
Your Eastern North Carolina Realtor
The Overton Group, LLC & CB First Realty

worth  repetition... get a policy in your office to get this type of thing in writing, a waiver form is very worth while your file and to reiterate taht you did in deed suggest one and it was their sole decision to waive one.

March 01, 2013 08:45 AM
Anonymous #47
Anonymous
Anonymous

Thanks for sharing Gita.  I had a couple buyers who did not want to have inspections done and I was really worried about it.  I did exactly what Mike & Eve (#28) did by getting in writing that I recommended a home inspection be done and the buyer waived their right to do so.  The last thing you want is something to happen after the fact and have your client come after you.  CYA.

March 01, 2013 10:06 AM
Rainmaker
293,927
Michael J. O'Connor
Eastvale - 951-847-4883
Diamond Ridge Realty

In our California state forms there is a true GEM of a form called a "Buyers Inspection Elections" form with 31 types of inspection services available ranging from Asbestos to Zoning.  The buyer checks each box (Yes or No) indicating that they understand an inspection service is both available and recommended by the brokers involved.  

March 01, 2013 10:56 AM
Rainmaker
56,428
Sharon Sanchez
Your Number "1" Source For Real Estate.
Realty World - Ace Home Realty

When a buyer wants to waive their inspection, I always have them sign an Inspection Waiver Form.  Unfortunately after they move in and things begin to break down, they always wants to blame the seller or the agent.  When that happens, I refer them back to that signed inspection wavier form.

March 01, 2013 11:38 AM
Rainer
5,884
Dan Cvelbar
HouseMaster Home Inspections

Hi Gita,

You may want to share some real life stories with your buyers (and sellers).  I'm sure your local home inspectors can fill you in on items that may be of particular concern in your area.  Just two weeks ago in Southern California, I came across a furnance that was the subject of a recall about twenty years ago.  The system was still functional -- but this model has been responsible for over 50 house fires in California. 

A good home inspector will likely find areas of concern that most others are not going to be aware of. 

March 01, 2013 01:24 PM
Rainmaker
1,162,117
Gene Riemenschneider
Turning Houses into Homes
Home Point Real Estate

We have several disclosures that would cover this issue and most that refuse sign off several times on it.

March 01, 2013 01:27 PM
Rainmaker
291,367
Nina Hollander
Your Charlotte/Waxhaw/Fort Mill Area Realtor
RE/MAX Executive Realty/Charlotte, NC

You can take that horse to water, but you can't make it drink! Fortunately, I don't often encounter someone who won't do an inspection, especially once I've explained why it's important (same with surveys). But if they choose in the end not to do so, I also have them sign a document that shows I discussed it with them, made them aware that the service is available and that they declined it. You want that protection if they come back at you one day and insist you never told them about having an inspection.

March 01, 2013 02:50 PM
Rainmaker
316,050
BILL CHERRY
William S. Cherry & No Co., Wealth Coach
William S. Cherry & No Co., Wealth Coach

Obviously you can't force a client to get a home inspection.  But there is a problem with this that affects you.  Home inspections by licensed inspectors was invented to protect Realtors from being accused of knowing a property had structural and mechanical issues but didn't reveal them to his client.

I never had a client refuse a home inspection.

That being the case, if I ever had/have I would call my Errors and Omissions carrier and ask what they suggested since they are the ones who will be at risk.  Perhaps they have a disclosure/hold harmless form that, signed, woulr protect the agent and them as the insurer.

Nevertheless, if they do or don't, you at least put them on notice, and if they didn't react and a suit were later filed, they couldn't legitimately put the blame on you.<!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:TrackMoves/> <w:TrackFormatting/> <w:PunctuationKerning/> <w:ValidateAgainstSchemas/> <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid> <w:IgnoreMixedContent>false</w:IgnoreMixedContent> <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText> <w:DoNotPromoteQF/> <w:LidThemeOther>EN-US</w:LidThemeOther> <w:LidThemeAsian>X-NONE</w:LidThemeAsian> <w:LidThemeComplexScript>X-NONE</w:LidThemeComplexScript> <w:Compatibility> <w:BreakWrappedTables/> <w:SnapToGridInCell/> <w:WrapTextWithPunct/> <w:UseAsianBreakRules/> <w:DontGrowAutofit/> <w:SplitPgBreakAndParaMark/> <w:DontVertAlignCellWithSp/> <w:DontBreakConstrainedForcedTables/> <w:DontVertAlignInTxbx/> <w:Word11KerningPairs/> <w:CachedColBalance/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> <m:mathPr> <m:mathFont m:val="Cambria Math"/> <m:brkBin m:val="before"/> <m:brkBinSub m:val="--"/> <m:smallFrac m:val="off"/> <m:dispDef/> <m:lMargin m:val="0"/> <m:rMargin m:val="0"/> <m:defJc m:val="centerGroup"/> <m:wrapIndent m:val="1440"/> <m:intLim m:val="subSup"/> <m:naryLim m:val="undOvr"/> </m:mathPr></w:WordDocument> </xml><![endif]-->

 

March 01, 2013 02:56 PM
Rainmaker
152,769
Elisa Uribe- Realtor
Oakland CA Homes for Sale
Wells and Bennett Realtors

I agree, never a good idea for a buyer to waive their right to a home inspection. I like the idea of referencing photos from the home inspection. Nice post.

March 01, 2013 03:34 PM
Rainmaker
748,177
Marte Cliff
your real estate writer
Marte Cliff Copywriting

Home inspections were just coming into use when I let my license go away, so we didn't have many of them. But I'll always remember Janice.

She had an inspection on thefirst home she purchased through me. Unfortunately, the inspector noted that the attic fan was in working order - when there was NO attic fan. (And judging from the decidedly unladylike language she used when attacking the listing agent, the attic fan was was important to her.)

So - since the inspector on the first house had been "incompetent," she decided not to have an inspection on the next house. She did it herself. The problems she discovered after the purchase ranged from carpenter ants in the attic to a light fixture over the kitchen range that had never been connected to the panel box, to a heating system that just plain didn't work!

Yes - get an inspection! (But get references.)

March 01, 2013 07:13 PM
Rainmaker
239,184
Travis "the SOLD man" Parker; Associate Broker
email: Travis@theSOLDman.me / cell: 334-494-7846
Team Linda Simmons, Enterprise, AL 36330

As many have pointed out, document - document - document that they have been offered and encouraged to have an Inspection, but have refused! CYA

Alabama is still a Buyer Beware State, but, I don't take chances! Even a Dismissed Lawsuit can cost $$ and much bad publicity in a small town.

March 01, 2013 07:34 PM
Rainmaker
668,120
Sharon Parisi
Dallas Homes
Keller Williams Dallas Premier Realty

It is definitely important to have the buyer document that he waived the inspection.  I have them sign two documents acknowledging that they are waiving an inspection.

March 01, 2013 10:29 PM
Rainmaker
478,259
Karen Rice
Northeast PA & Lake Wallenpaupack Home Sales
WEICHERT, REALTORS® Paupack Group

This happened with one of my listings. The buyer waived all inspections, then a few weeks after closing he started whining about this that or the other thing.  If he had been my client, I would have had him sign a waiver that he was strongly advised to have a home inspection and that he declined.  We do have it occasionally but it is rare.

March 01, 2013 11:55 PM
Rainmaker
261,048
Paddy Deighan JD PhD
Paddy Deighan J.D. Ph.D

perhaps relay to the buyers some stories about how a buyer was really saved by getting an inspection...especially on an older home

March 02, 2013 12:08 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Emmanuel, I love the idea . Thank you.

Pat and Wayne, They will learn from this experience.

Valerie, Most inspectors will point out things that may need to be addressed by an expert.

John, The due diligence period is important. I tell my clients time is of the essence and point out to the clause.

Jay, Our agreement of sale requires buyers to initial where it says they waive the inspection.

Rafi, It is a good idea to have inspections.

March 02, 2013 04:55 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Ron, Thank you.

Diane, I agree.

Theresa, You are a good agent . Thanks for the tip about getting a free foundation inspection.

Matt, Thanks for the tip to have the seller have a home inspection.

March 02, 2013 04:59 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Barbara, Contractors and builders may sometimes as much  about homes as some inspectors.

Michele, I agree.

Tim, It is always good to get it in writing.

March 02, 2013 05:02 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Michael, We too have it built into the agreement but I do not think we have 31 items.

Sharon, When things go wrong they always want to blame someone.

March 02, 2013 05:04 AM
Rainmaker
612,842
Bob Miller
The Ruiz/Miller Team - Ocala's Dream Team
Keller Williams Cornerstone Realty

Hi Gita, we have a standard waiver we make them buyers sign.

March 02, 2013 08:10 AM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Bob, That is a good thing to have.

March 02, 2013 11:50 AM
Rainmaker
312,212
John G. Johnston
An Exclusive Buyer's Agent ~ Westcliffe, CO
John G. Johnston & Associates, LLC

Gita  One story I like to tell is an investor wanted to buy a foreclosure.  On my advice I suggested the house would need new windows, paint, roof was questionable...but let's hire an inspector.  The inspector "red flagged" saying it would be cheaper to tear it down than fix all the problems.  My client thinks the inspector and I walk on water.  Lost the sale but still have my client!  Works for me every time.  Great blog

March 02, 2013 01:51 PM
Rainmaker
206,300
Jackie Hawley
Southeast Michigan Real Estate
ReMax Encore

The home inspection is a contingency to an offer to purchase. From the listing side, the less contingencies the more flexible my sellers tend to be with price. Strongly suggesting a home inspection is more of a CYA for the agent than necessarily working in the best interest of the buyer. Otherwise we would be recommending an electrician, a plumber, a roofer, a heating and cooling person, a structural engineer, a pest inspector, a septic person and a private lab to test the water. Oh- and a radon (the computer type, not the packet that hangs in the basement for a couple days and you don't know if the seller moved it outside for most of that time), and a lead paint inspection. Maybe some soil samples in the yard- never know what that property was used for 50 or 75 years ago. THAT would really be looking out for the best interest of the buyers - if they could afford it.

Not all buyers are alike. Some know more about building and maintaining houses than many general home inspectors. Some will benefit from having a general home inspection. With the low inventory we are experiencing, a home inspection contingency could cost someone the house they really wanted. And I've rarely run across any unexpected problems during a home inspection. My buyers and I tend to go through anything they will write on quite thoroughly before making an offer. I don't hold myself out to be a home inspector or builder, but part of an agents job is to point out potential issues. It doesn't take a builder's licence to see water marks 2 feet up a basement wall.

March 03, 2013 12:13 PM
Rainmaker
1,751,244
Gita Bantwal
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
RE/MAX Centre Realtors

Joh, Thanks for sharing.

Jackie, I once pointed out stains on the ceiling to my buyers and the listing agent asked me , " Are you a home inspector ? '

March 04, 2013 06:13 AM
Rainmaker
574,640
Valerie Zinger
Home Organizer
House Proud Ottawa-Ontario-Canada
Gita. I see why this is one of your February favs. My advice is to get the buyer to sign a waiver or underline and initial on the agreement that they knew to have a home inspection and decided not to do it.
March 22, 2013 03:46 AM
Anonymous
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Rainmaker
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Gita Bantwal

REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel
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