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One of the more interesting factors of a home inspection is that the seller can no longer claim ignorance of material problems and must disclose them going forward, if the existing contract falls through.
I almost always offer to pay for a pre sale home inspection, at closing and insist that the owner disclose the status of any material issues and the disposition.
When representing the buyer, I stress the post contract home inspection is an opportunity for them to learn about the house and how to best maintain it, once they own it.
The best home inspectors can and do distingusih between normal wear and tear and material findings.
Do you mean a book by that title, or the inspection report that you get from the inspector you pay to do an inspection of a home you're under contract to buy (or a home you're putting on the market)?
Here's something to note about home inspections. Inspectors do not disturb things like carpet, tile, or walls (for obvious reason). However, the things you cannot really inspect without moving things are under carpet/tile and in the walls (behind drywall, under cabinets, etc...). The potential issues include non-visible water damage, mold, cracks in the floor, etc... So if possible look under the carpet if you can in various areas, as the carpet can usually be pushed back. I found some things after doing that, that I wouldn't have known otherwise.
roof electrical and plumping termite are biggies. better posts than mine up above. but i posted to say best use of a buyers money i can imagine, inspection.
i dont want the seller or any involved unknown agent to recommend an inspector.
no brother in law deals please. no no no.
One of the more interesting factors of a home inspection is that the seller can no longer claim ignorance of material problems and must disclose them going forward, if the existing contract falls through.
I think that is really a good thing. It helps keep people honest plus why not get any issue out up front so not to waste anyones time? The people who were buying my house were planning to convert my brand new oil furnace over to gas and I knew that meant they had to replace the whole thing! These new furnaces no longer allow a simple conversion. My realtor said, "well I have no intentions of telling them that"! Geezzz, that didn't feel right to me. I didn't see what the issue was ... gas is going up too!
One of the more interesting factors of a home inspection is that the seller can no longer claim ignorance of material problems and must disclose them going forward, if the existing contract falls through.
I almost always offer to pay for a pre sale home inspection, at closing and insist that the owner disclose the status of any material issues and the disposition.
When representing the buyer, I stress the post contract home inspection is an opportunity for them to learn about the house and how to best maintain it, once they own it.
The best home inspectors can and do distingusih between normal wear and tear and material findings.
Not true. An "in due course" holder is under no obligation to disclose something uncovered in an inspection...and in fact they won't.
The listing agent is however in a much more difficult spot. He is required to disclose any material fact.
It is interesting to tell the listing agent there is mold in a house. Puts them into a very difficult situation. Particularly fun if your client is willing to buy the home with the mold.
If the seller has a copy of the inspection, they must disclose it (and attach a copy to the Seller's Disclosure, here). If they have a copy of part of the inspection (the part pertaining to requested repairs), they must disclose. If they've gotten an estimate as a result of negotiations due to the results of the inspection, and that estimate shows that the problem exists, they must disclose that.
If a buyer's agent or buyer just tells them (or the listing agent) that the house has mold, they don't have to disclose because that's a nonprofessional opinion (unless the real estate agent is also a licensed inspector or mold remediation professional) and could be nothing more than a scare tactic used in attempting to negotiate a better price. The buyer (or their agent) had better have an inspection report by a mold remediation specialist in hand to prove it and to prove what kind of mold it is. Or whatever the problem might be, but mold was used upthread as an example, so I'm keeping to that here.
If the seller has a copy of the inspection, they must disclose it (and attach a copy to the Seller's Disclosure, here). If they have a copy of part of the inspection (the part pertaining to requested repairs), they must disclose. If they've gotten an estimate as a result of negotiations due to the results of the inspection, and that estimate shows that the problem exists, they must disclose that.
If a buyer's agent or buyer just tells them (or the listing agent) that the house has mold, they don't have to disclose because that's a nonprofessional opinion (unless the real estate agent is also a licensed inspector or mold remediation professional) and could be nothing more than a scare tactic used in attempting to negotiate a better price. The buyer (or their agent) had better have an inspection report by a mold remediation specialist in hand to prove it and to prove what kind of mold it is. Or whatever the problem might be, but mold was used upthread as an example, so I'm keeping to that here.
You making this stuff up or is TX law weird?
There is no provision in the law that would require an "in due course" holder ever disclose anything. They are simple exempted from disclosure laws. That is how it is in NV and, I believe, most states. The rationale cited is that they don't know anything....but that is not what the law says.
As to discounting input from another RE Agent - lots of luck. The only possible defense from disclosing would be to have a competent inspector review and say it is not so...
I don't have to state how I know...only that I do. With the presence of water incursion and a black gooey substance the guy has problems.
Define "in due course" holder, will you, please? This isn't a term I'm familiar with.
The Seller's Disclosure that we have here has a section that asks specifically about inspections within the past few years, and if the Seller is aware of one and has a copy, they are to attach it.
I'm of the "disclose, disclose, disclose - and then disclose some more" point of view, myself (legal assistant background), but that means disclose what you know, not what is rumored. And until we have a statement from someone who is qualified to say that "X" is a problem, that's just what the buyer's agent's statement (and I include myself in this when I'm a buyer's agent) is - rumor. Hearsay. "Your Honor, the agent for the previous prospective buyer (bound by law to get the best possible deal for the buyer) told me during negotiations that he thought that the house had mold. However, he provided no evidence in the way of an inspection report by a licensed professional to substantiate this."
Now, if you have an inspection report that says that there is mold, that's another matter - simply produce that part of the inspection report, we'll get a professional licensed to diagnose mold (what kind, etc. - and I've never seen a regular inspection report that would flat out say that there's a mold problem, they usually say, as with roofs and AC systems, that there MIGHT be a problem and that it should be diagnosed by a licensed professional lin that area) and give an estimate for remediation, if such is necessary, and then move forward with negotiations. But you, yourself, just telling me that as part of negotiations, in an attempt to bully my seller into giving your client more money? Don't think so.
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