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Old 07-24-2012, 12:43 PM
Location: Columbia, SC
8,861 posts, read 17,475,883 times
Reputation: 6244


OP, what is your real question anyway? The idea is to sell the house. If the buyer asked for legitimate repairs do them and move on. If you don't and they walk you just have to go through the process again and the repairs will still be there to be dealt with on your next contract. Is your question about disclosure or actual repairs?
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Old 07-24-2012, 12:49 PM
Location: NJ
17,579 posts, read 38,383,508 times
Reputation: 16100
Originally Posted by Brandon Hoffman View Post
Is your question about disclosure or actual repairs?
Doesn't sound like it is either.

"What do you think of this being the inspectors job to disclose this to buyer"
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Old 07-24-2012, 01:21 PM
2,636 posts, read 4,357,853 times
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(non-attorney here) This is less important than some of the points others have already raised, but the seller could also be informed without having overheard the conversation OR having received the report. If a buyer entered negotiations and said (in the written counter-offer re: removal of inspection contingency), "my inspector found the following things wrong with the house: X, Y, & Z, and I want you to fix them (or provide a credit to me)" then the seller has now been notified of defects. If I didn't sell the house to that buyer, and those are among the defects required to be disclosed (at least in my state), then either I as a seller would have to disclose them to future potential buyers or I would have to demonstrate that the first buyer/inspector were wrong about them. So not reading the report/plugging one's ears doesn't offer any defense here.

On the larger point, I think the OP just doesn't have enough experience/knowledge with real estate to understand that the inspector is doing what he should do for the buyer. S/he would definitely benefit from hiring a real estate attorney to help him/her at this stage.

On another larger point raised by others, differences of inspector opinions is another reason why many sellers do not take the advice to have a pre-listing inspection. Let's say that I'm a seller and hire an inspector, who says that my attic ventilation is inadequate, that was a disclosable defect in my state, and this was the first I had heard of it. That inspector recommends $3K in changes. As a seller I am now obliged to disclose that just as surely as if a buyer's inspector had said it to me. So the "gun is to my head" in exactly the same way. But if I hadn't had the inspection, then I have no knowledge of that defect, and so I have nothing to disclose. Let's say that I have no inspection, a buyer and his/her inspector come in, and the inspector sees nothing wrong with the ventilation, or thinks a $200 change would solve whatever problem he sees. As a seller, I am $ ahead.

Last edited by ACWhite; 07-24-2012 at 01:37 PM..
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