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I've seriously considered making an offer on two houses in the same area with the same realtor and have run into the same obstacle -- being denied access by the buyer to inspect first the crawlspace and then the cellar wall. In the first instance, the underside of the house was covered by wooden boards all around. I asked if my inspector would be allowed to remove and replace them in order to crawl under to assess the sub-flooring (the floors slanted), duct work, and plumbing as well as to uncover and remove any pest infestation (mouse traps were set in the house) and was told that we would not be allowed to disturb them. I passed on that one. In this case, there are panels lining the basement walls supposedly for "waterproofing," although they have gaps between them that are not sealed (as a system such as B-Dry would do) and are attached by nail/screw holes. There is some water on the basement floor, so clearly they aren't functioning as such. One of the panels is bulging outward alarmingly along one damp underground wall, so of course I want to know the condition of the foundation hiding behind it. Additionally, the disclosure claims "no water issues in the basement." Initially I was told that there was a warranty by the "waterproofing company" and disturbing the panels would void that. When I pressed for further details (such as whether or not the warranty would convey), suddenly no documentation of it could be located and the seller couldn't remember any details, such as who performed the work. So if there's no warranty to be voided by removing and replacing the panels to inspect the foundation wall itself, why can't we? Aren't sellers supposed to allow you inspection access to all areas of a property up for sale, and wouldn't both barring access and erecting a camouflaging barrier constitute potentially concealing a defect, which is "illegal"? My realtor simply says that the seller won't allow access, and that's that. Opinions?
For the most part, they have the right to sell the property as-is, and you have the right to walk away if you aren't happy.
They can't lie on disclosures... but the damages to be gained there would be after a sale. If you think their answers don't add up, I think we go back to the first rule up there.
Both these sellers are going to scare away a lot of buyers with this behavior.
For the most part, they have the right to sell the property as-is, and you have the right to walk away if you aren't happy.
They can't lie on disclosures... but the damages to be gained there would be after a sale. If you think their answers don't add up, I think we go back to the first rule up there.
I distinctly remember being told by my realtor when I sold one of my houses that the spalling -- the cracking, crumbling, and flaking due to moisture -- of one of my cement basement walls couldn't (legally, was my understanding) in any way be covered up when selling it, even by placing a piece of furniture in front of it, or otherwise concealed from potential buyers. Has that changed?
If so, good to know. I have some foundation issues in my current house. Guess I'll just throw up some panels and insist that no one look behind them!
I think you missed the last point in my post up there.
Both these sellers are going to scare away a lot of buyers with this behavior.
I doubt it. The first one sold not long after I walked away from it, and this one (newly listed) is in a great location and in a hot market. Many buyers don't know enough to be leery of basement/foundation issues. I just happen to have a history of problems with them - I would prefer not to have one - so it's always on my radar, not to say that I'm paranoid about it.
Can anyone address the legality of barring access to inspection or concealing defects? That's the question.
And should I buy it and discover a defect under the paneling, what is my recourse?
Last edited by otterhere; 05-15-2019 at 12:54 PM..
There's no police force out there who enforces these rules. Should you buy it and discover a defect under the paneling that you think your seller knew about and failed to disclose, your recourse would be in court. And tough to predict.
Your best course in these things is to assume the worst and decide whether you could endure that, going in.
As point of clarification....are you asking for these inspections to be done before you submit an offer or during your due diligence/option period (whatever it's called in your state)?
If it's the first....yeah the seller has no obligation to allow you to have someone perform an inspection on their home while you are not under contract...
If it's the second....the seller may be in breach of contract if they do not allow reasonable access to the property for inspections.
The inspection would be performed after we are under contract, but I was asking IF access would be allowed while under contract BEFORE going under contract.
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