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Old 08-13-2009, 05:35 PM
 
Location: NW. MO.
1,817 posts, read 6,860,950 times
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If I, as a buyer, purchase an inspection the seller ends up being aware of anything found. If I don't purchase the house due to issues on that inspection, does the seller then have to disclose this information to the next prospective buyer? I mean the information found during the inspection.
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Old 08-13-2009, 05:39 PM
 
Location: Salem, OR
15,578 posts, read 40,446,371 times
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Quote:
Originally Posted by misplaced1 View Post
If I, as a buyer, purchase an inspection the seller ends up being aware of anything found. If I don't purchase the house due to issues on that inspection, does the seller then have to disclose this information to the next prospective buyer? I mean the information found during the inspection.
I think most states would require that. In Oregon we have to disclose the presence of any home inspection report in the past year.
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Old 08-13-2009, 05:46 PM
 
Location: Cary, NC
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You shouild be asking California agents.

In North Carolina the right answer is "It depends."
Inspection reports do not directly 100% parallel disclosure forms, so everything may not apply.
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Old 08-13-2009, 06:19 PM
 
Location: NW. MO.
1,817 posts, read 6,860,950 times
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Quote:
Originally Posted by MikeJaquish View Post
You shouild be asking California agents.

In North Carolina the right answer is "It depends."
Inspection reports do not directly 100% parallel disclosure forms, so everything may not apply.
No it would be Missouri, not Ca. sorry I never thought to mention the state.
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Old 08-13-2009, 06:45 PM
 
Location: Barrington
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In Illinois, sellers would then have knowledge and therefore should disclose material issues and those related to safety.
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Old 08-13-2009, 07:17 PM
 
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I think most states are really more like what MikeJaquish says about NC -- if it s not a mandated item that is on a disclosure from the owner will not have to reveal it to other buyers. The actual report is something paid for and owned by the prospective / dissuaded buyer -- one could argue that the validity of such a report would be a bit grey..
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Old 08-13-2009, 09:30 PM
 
Location: Colorado Springs, CO
1,570 posts, read 5,988,406 times
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Only if it's a material defect.
The home inspectors are offering opinions and informing you of their assessment of the property. As an example, "window screen missting" may be a fact - but it's not a material defect. The buyer may not even want to ask the seller to replace it - depends on the deal. On the other hand if the inspector finds a hole in the roof - that's a material defect. Even if the contract fails, the seller would have to address the problem (fix it or disclose it)
I've often disagreed with some reports. I've had one report come in that said the kitchen sink faucted leaked. It didn't. Just a mistake, I guess.
Nevertheless, when I'm a listing agent I will not allow a selling agent to forward their inspection report to me. As a listing agent all I'm interested in is the notice to correct (it's a standard form in CO of items the buyer wanted corrected), if any. We then take it from there!
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Old 08-13-2009, 10:51 PM
 
Location: NW. MO.
1,817 posts, read 6,860,950 times
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Quote:
Originally Posted by MMichelle View Post
Only if it's a material defect.
The home inspectors are offering opinions and informing you of their assessment of the property. As an example, "window screen missting" may be a fact - but it's not a material defect. The buyer may not even want to ask the seller to replace it - depends on the deal. On the other hand if the inspector finds a hole in the roof - that's a material defect. Even if the contract fails, the seller would have to address the problem (fix it or disclose it)
I've often disagreed with some reports. I've had one report come in that said the kitchen sink faucted leaked. It didn't. Just a mistake, I guess.
Nevertheless, when I'm a listing agent I will not allow a selling agent to forward their inspection report to me. As a listing agent all I'm interested in is the notice to correct (it's a standard form in CO of items the buyer wanted corrected), if any. We then take it from there!
Ok that makes sense from a sellers vantage point.
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Old 08-14-2009, 06:02 AM
 
Location: Cary, NC
43,304 posts, read 77,142,685 times
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http://ded.mo.gov/bcs/upload/1.6_vol...e_form_002.pdf

If this is the common Missouri Property Disclosure, it would appear to be voluntary.

It would be cool if we had a Missouri agent to clarify.
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Old 08-14-2009, 09:24 AM
 
Location: Tempe, Arizona
4,511 posts, read 13,583,796 times
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Quote:
Originally Posted by MMichelle View Post
...
Nevertheless, when I'm a listing agent I will not allow a selling agent to forward their inspection report to me. As a listing agent all I'm interested in is the notice to correct (it's a standard form in CO of items the buyer wanted corrected), if any. We then take it from there!
That's interesting. The AZ contract requires us to give the seller and their agent copies of all inspection reports.
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