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Sale Agreements have been signed contingent on home inspections.. but after reviewing the house... I the Buyer have decided that the deck railings may not be up to code and the deck is not as supported as I would like nor is it level... the deck slopes outward as if the ground below has sunken or the builder purposely sloped for fear of water build up near facia.
So, What do I do if the home inspector makes no mention of these things or if he thinks they are fine. Can the Buyer still walk out if Seller refuses to fix deck per Buyers request?
Just curious to know what others think of this issue.
It's your inspector. What did he said when you inquired about the sloping and possible not up to code?
If it doesn't come up in your report, seller is not going to fix. Now if your lender needs it fixed (for example, missing railings, etc) that's another story.
... I the Buyer have decided that the deck railings may not be up to code and the deck is not as supported as I would like nor is it level...
It's either is up to code or it isn't. Therein lies the rub. If the deck concerns you, find out what the code is. If it's not up to code, you'd be kind of crazy if you failedto make it an issue in negotiations. But if it is up to code (and surely you are using an inspector who can assess that!) then your issues are cosmetic. When I'm the seller, I refuse to address things that are only a matter of the buyer's taste. They knew what the house looked like when the bid on it. No fair complaining about it later.
"Contingent on inspection" is the key here. You cannot in all good conscience(this was done to me) back out if a lawyer is already involved and the seller has to pay the lawyer. If the inspection says things need to be fixed and they refuse to fix it then you have an out. OR, you could say to them take the price off of the house. When they do you have the option of fixing or tearing it down and replacing it.
Note to all sellers: make sure you have it in the contract that if they back out they have to pay the lawyer, if the lawyers is already involved. I ate $346. on a last minute back out.
Contingent on home inspection is a key. But states I know of, for some reason, the law allows a buyer to cancel at any time up to the home inspection and a certain number of days after....with NO reason given. And deposit returned. I think the idea was that the buyer didn't have to get in an argument with the seller or seller say he'll repair when buyer isn't sure he trust that, etc. etc.
BUT it is a matter of every state.
So check your contract wording on this.
Hopefully you have a buyer's agent, not sharing with the seller.
Of course you can be at the inspection you are paying for and ask the inspector you are hiring all the questions you want.
And, maybe Silverfall who is in Oregon will see this. I believe you are in Or.
Keep in mind building codes change often. This can make parts of existing homes "not up to code". But they are grandfathered in because they met code before it was modified.
If the deck isn't up to current code, it might have been up to code at the time it was built.
If the inspector didn't catch it but you are still within inspection period, maybe you can get a more detailed inspection only for the deck.
Inspector is coming soon. I will know if there is "substantive" work to be done. As a Buyer I did see the deck before I bid on the house however only later did it occur to me that this could be a bigger problem than what it first appeared.
Although the deck may be okay according to an inspector, I need this deck to support a large family that likes to hang out on decks all the time and to know the small children won't fall through the slats and end up 3 stories below! Anyway I believe the inspector will catch it and then we will decide what to do next. Thank you for your replies! LS
Different states have different practices, but in most places, you have the right to back out after inspection regardless of what the report says. And it doesn't matter if the seller has paid any attorney fees up until that point, that is part of their cost of doing business.
But you should certainly be there during the inspection and discuss your specific concerns with the inspector. He or she will be able to let you know one way or the other and you can decide if this deal is worth going through with, if you want to try to negotiate a repair or a price reduction with the seller, or if you want to walk away.
FWIW, depending on how much the slope is, it definitely could be for water run off, which would be a good thing. But that shouldn't be something that is really that noticeable unless you were specifically looking for it.
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