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Old 04-16-2020, 11:16 AM
 
Location: Columbia, SC
10,966 posts, read 21,974,961 times
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Quote:
Originally Posted by hooligan View Post
And the seller can specify a due diligence period in the contract, too.

I think ours was either 7 or 10 days after the accepted offer. You've got a week and a half to do your inspections and raise any issues.
Correct. Ours is 10 business days starting upon ratification.
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Old 04-16-2020, 01:10 PM
 
5,969 posts, read 3,711,573 times
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Quote:
Originally Posted by Brandon Hoffman View Post
Correct. Ours is 10 business days starting upon ratification.
For the typical extortionist... er, uh, buyer, that's an easy hurdle to get over. You simply wait til day 9 and present your list of items that you want fixed/replaced. Then, when the seller says "But that will take me a couple of weeks and cost me thousands of dollars to get all those things done", you reply "Well, if you want to sell your house, then we'll just have to agree to extend the time period for a couple of weeks." Don't tell me that you realtors haven't heard this type stuff. It goes on all the time.
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Old 04-16-2020, 01:14 PM
 
Location: Rochester, WA
14,458 posts, read 12,086,413 times
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Quote:
Originally Posted by hunterseat View Post
I'll always pay a reputable contractor to perform a full inspection.
Just for conversation's sake .... a small point of detail, at least for our area.

Our inspection contingency gives permission to bring in a licensed inspector on initial inspection, but not a contractor. Contractors can be brought in for a follow up inspection to look at specific issues brought up by the inspector, but they aren't a substitute for a home inspector during initial inspection, unless specific permission is given. Home inspection means either the buyer himself, or a licensed home inspector, will be doing the inspection. Not a contractor.

Just for people to keep in mind. At least in our area. Customs vary widely in different areas so the only rules that matter are local.
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Old 04-16-2020, 03:04 PM
 
Location: Columbia, SC
10,966 posts, read 21,974,961 times
Reputation: 10659
Quote:
Originally Posted by Chas863 View Post
For the typical extortionist... er, uh, buyer, that's an easy hurdle to get over. You simply wait til day 9 and present your list of items that you want fixed/replaced. Then, when the seller says "But that will take me a couple of weeks and cost me thousands of dollars to get all those things done", you reply "Well, if you want to sell your house, then we'll just have to agree to extend the time period for a couple of weeks." Don't tell me that you realtors haven't heard this type stuff. It goes on all the time.
No, I can't recall that exact scenario you mentioned ever happening on of my transactions. The due diligence period has nothing to do with the time frame for completion of repairs. The due diligence period is the time in which the buyer has to complete inspections and ask for repairs. Once the due diligence has ended, so has the period in which the buyer can negotiate repairs or cancel the contract based on inspections and still retain their earnest money. The seller only has to make the agreed repairs, maintain the home, and convey it in the same condition as when it was contracted.

An example of the same condition- A water heater works at time of contract. Prior to closing (and actually prior to inspections even), the water which is located in the attic, broke and started leaking. It caused the ceiling in the bathroom to fall in. Seller was required to replace the water heater and repair the ceiling. That happened with a buyer I was representing.

Plus what you mentioned is silly. The buyer wants to know asap if there are any issues and they want to know asap if the seller agrees to repairs.
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Old 04-16-2020, 03:11 PM
 
Location: Columbia, SC
10,966 posts, read 21,974,961 times
Reputation: 10659
Quote:
Originally Posted by Diana Holbrook View Post
Just for conversation's sake .... a small point of detail, at least for our area.

Our inspection contingency gives permission to bring in a licensed inspector on initial inspection, but not a contractor. Contractors can be brought in for a follow up inspection to look at specific issues brought up by the inspector, but they aren't a substitute for a home inspector during initial inspection, unless specific permission is given. Home inspection means either the buyer himself, or a licensed home inspector, will be doing the inspection. Not a contractor.

Just for people to keep in mind. At least in our area. Customs vary widely in different areas so the only rules that matter are local.
I would be curious about the wording. Our contract allows anyone to "inspect" a house. It can be the buyer, the buyers father, a contractor, or an unlicensed individual, but of course those occurrences are very rare. In fact, our home inspectors don't do HVAC or CL100 inspections. Those are completed by HVAC or Pest Control contractors and not inspectors. 99% of the time it's a licensed home inspector doing the actual home inspection though. In those rare instance they don't get a home inspector, it's usually a situation where a friend/family member is a contractor or builder and they come look at the home for the buyer..
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Old 04-16-2020, 03:45 PM
 
Location: Salem, OR
15,572 posts, read 40,413,812 times
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Quote:
Originally Posted by Brandon Hoffman View Post
I would be curious about the wording. Our contract allows anyone to "inspect" a house. It can be the buyer, the buyers father, a contractor, or an unlicensed individual, but of course those occurrences are very rare. In fact, our home inspectors don't do HVAC or CL100 inspections. Those are completed by HVAC or Pest Control contractors and not inspectors. 99% of the time it's a licensed home inspector doing the actual home inspection though. In those rare instance they don't get a home inspector, it's usually a situation where a friend/family member is a contractor or builder and they come look at the home for the buyer..
Here it has to be a licensed professional. A buyer can do their own inspection, but they can't terminate over it. It has to be a written report done by a licensed professional. We use professional here because structural engineers aren't contractors or inspectors but they do inspections.
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Old 04-16-2020, 05:42 PM
 
5,969 posts, read 3,711,573 times
Reputation: 17019
Quote:
Originally Posted by Brandon Hoffman View Post
No, I can't recall that exact scenario you mentioned ever happening on of my transactions. The due diligence period has nothing to do with the time frame for completion of repairs. The due diligence period is the time in which the buyer has to complete inspections and ask for repairs. Once the due diligence has ended, so has the period in which the buyer can negotiate repairs or cancel the contract based on inspections and still retain their earnest money. The seller only has to make the agreed repairs, maintain the home, and convey it in the same condition as when it was contracted.

An example of the same condition- A water heater works at time of contract. Prior to closing (and actually prior to inspections even), the water which is located in the attic, broke and started leaking. It caused the ceiling in the bathroom to fall in. Seller was required to replace the water heater and repair the ceiling. That happened with a buyer I was representing.

Plus what you mentioned is silly. The buyer wants to know asap if there are any issues and they want to know asap if the seller agrees to repairs.
What I mentioned is not silly if the buyer is trying to extort as much as he can from the seller, which happens far too often. Plus, who is going to be the arbitrator if, after the seller has repairs done, the buyer says he's not satisfied with the repairs? What then?
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Old 04-16-2020, 05:52 PM
 
5,969 posts, read 3,711,573 times
Reputation: 17019
Quote:
Originally Posted by Diana Holbrook View Post
Just for conversation's sake .... a small point of detail, at least for our area.

Our inspection contingency gives permission to bring in a licensed inspector on initial inspection, but not a contractor. Contractors can be brought in for a follow up inspection to look at specific issues brought up by the inspector, but they aren't a substitute for a home inspector during initial inspection, unless specific permission is given. Home inspection means either the buyer himself, or a licensed home inspector, will be doing the inspection. Not a contractor.

Just for people to keep in mind. At least in our area. Customs vary widely in different areas so the only rules that matter are local.
I think that's a point that many realtors often fail to understand. They think there is only one "right" way of doing something. Any other way is "wrong" to them... even though realtors in other parts of the country may do it that way all the time. As I've said before, ANY way is fine and legal as long as both parties agree to it and it isn't an illegal act.
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Old 04-16-2020, 09:54 PM
 
Location: Rochester, WA
14,458 posts, read 12,086,413 times
Reputation: 38970
Quote:
Originally Posted by Brandon Hoffman View Post
I would be curious about the wording. Our contract allows anyone to "inspect" a house. It can be the buyer, the buyers father, a contractor, or an unlicensed individual, but of course those occurrences are very rare. In fact, our home inspectors don't do HVAC or CL100 inspections. Those are completed by HVAC or Pest Control contractors and not inspectors. 99% of the time it's a licensed home inspector doing the actual home inspection though. In those rare instance they don't get a home inspector, it's usually a situation where a friend/family member is a contractor or builder and they come look at the home for the buyer..

Here's the excerpt.... The RCW in question is the chapter dealing with licensed home inspectors.



The and my hubby reminds me, these are the exemptions...






So the exceptions include a lot of licensed professionals, but NOT General Contractors.

We have negotiated permission to bring in a general contractor from the beginning. At least twice I can think of... but it is a matter of getting permission. There is no right to bring in a general contractor for initial inspection.
Attached Thumbnails
What type of things are acceptable inspection issues to bring up?-screenshot-2020-04-16-20.34.51.png   What type of things are acceptable inspection issues to bring up?-exemption-licensing.png  
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Old 04-16-2020, 09:56 PM
 
Location: Rochester, WA
14,458 posts, read 12,086,413 times
Reputation: 38970
Quote:
Originally Posted by Chas863 View Post
I think that's a point that many realtors often fail to understand. They think there is only one "right" way of doing something. Any other way is "wrong" to them... even though realtors in other parts of the country may do it that way all the time. As I've said before, ANY way is fine and legal as long as both parties agree to it and it isn't an illegal act.

Most of those here understand it. It was one of the first things I learned on this forum. Just how different the rules are in different parts of the country. It makes a huge difference.

Most times, I'd say you're right, most things are negotiable as long as both sides agree.
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