Is This Standard Language for a Buyer to sign? (Realtors, agreement, sellers)

[Southside Shrek]

Is this standard language realtors expect a Buyer to sign in a Buyer's Inspection Response?


document titled ‘Independent Inspection Response--Buyer’s Inspection Response:



“After compliance with selected items above, the Buyer releases and holds harmless the Seller, all Brokers, their companies and sales associates from any and all liability, including attorney’s fees and costs arising out of or related to any inspection, inspection result, repair, disclosed defect, or deficiency affecting the Property, including but not limited to lead-based paint, radon, mold and other biological contaminants. This release shall survive the closing.”

It appears that everyone is well protected and insulated against any claims for fraud or fraudulent concealment of a defect, except the Buyer. The Buyer has absolutely no protection if he or she signs this.

[Northwoods Voyager]

Uh, and where did this come from? What state, locale or Board? And when would this document be presented to the buyer(s) to sign? And why would anyone want to sign such a document?

Is this due to defects having been found in the course of a normal inspection and the buyer(s) agreed verbally that they would have any defects corrected themselves?

[Southside Shrek]

Northwoods Voyager
It is in Indianapolis, Indiana. Sellers filled out and gave Buyer a Seller's Sales Disclosure Statement stating that there were no defects, no mold, no radon, , no problems, etc. in the house. Buyer later found out after inspection that the radon level was 4.6 and the roof is damaged and in need of replacement. Other defects were also found. the document was recently presented to the Buyer to sign.

[Northwoods Voyager]

Wow, now's the time that we all say 'I am not an attorney and therefore I cannot give legal advice' Buyer may need to find legal representation and soon.

[Southside Shrek]

why do you think the Buyer's realtor presented that to Buyer to sign? I think everyone has ganged up on the Buyer.

[Racelady88]

I have bought multiple houses in multiple states and have never seen anything remotely like that. I would run far and fast if presented with a release of that kind.

[Southside Shrek]

Evey, come on up to Indianapolis and you may experience this first hand.

[Northwoods Voyager]

I agree wholeheartedly w/Evey.. Never have seen anything like this in 20+ years in this business. Seems very underhanded. And the BUYER'S Realtor gave this to the buyer? Whoa there Nellie. Who represents who in this case?
Then my next question would be: Who did the initial inspection and did they guarantee their inspection? Who paid for the inspection?

[Southside Shrek]

Northwoods Voyager
now hold onto your seat. The Buyer had to pay for a Home Inspector selected by the Buyer's realtor. that inspector presented an inspection agreement to Buyer to sign essentially stating that the inspector is not liable for any damages as a result of his inspection, e.g., in the event the inspector negligently overlooks a serious defect which he should have discovered and reported to Buyer. the agreement was loaded with disclaimers and waivers.
Buyer paid for the home inspection and it was salty..over $500.

[Northwoods Voyager]

Just out of curiosity, SS, how did you get involved...are you the buyer, perhaps? and let me get this right, the REALTOR selected the inspector" HMMMMM.. me thinks me smell something rotten here in Indy. Can't do that here...we always give choices to clients.