We'd all like to buy the
perfect home. Unfortunately, it doesn't exist. Even new homes have defects.
That's why it's important to have any home you buy inspected by qualified
professionals-even if it's brand new. You'll undoubtedly discover defects
during your inspections. In fact, you should hope that any significant defects
are uncovered before you remove your inspection contingency from the purchase
contract. It's far worse to be surprised after closing by unanticipated repair
expenses.
Armed with a complete
assessment of the current condition of the property, you can make an informed
decision about whether to purchase the property in its present condition. Or,
you may want to renegotiate the terms of your contract with the seller. If
defects are incurable, you may want to withdraw from the contract altogether.
Your purchase contract should set guidelines for how inspection defects are to
be handled. For example, the seller may have had a "termite"
inspection completed before marketing the property. If so, the contract might
specify which party-buyer or seller-will pay for the required corrective work.
Not all inspection contingencies are the same. Some specify that the buyers
have the unilateral right to approve or disapprove inspections. In this case,
if the buyers disapprove the inspections, the contract may be cancelable at the
buyer's option.
House
Hunting Tip: Even if your contract allows you to withdraw due to inspections,
carefully consider before electing this option. You will already have spent
considerable time, effort and money finding and inspecting the property. If the
defects are correctable, it's usually worthwhile to try negotiating an
agreement with the sellers rather than starting the process over again. Some
inspection contingencies provide for buyers to give the sellers the opportunity
to correct defects, rather than just walk away from the deal. In this case, the
terms of the contract often become subject to further negotiation. Before
asking a seller for inspection-related concessions, make a list of the
significant defects that you discovered during your inspections. Then find out
how much it will cost to repair these defects. When you make your request, put
it in writing and include a copy of your cost accounting list along with the
reports and estimates on which you're basing your request.
You
may find that the seller is not willing to negotiating over items that were
disclosed to you before you made an offer to purchase the property. It still
may be worthwhile to point out that the cost of the previously disclosed items
in addition to the newly discovered defects alter the amount you can reasonably
pay for the property. Sellers are wise to consider any reasonable proposal from
a well-qualified buyer. If the inspection- related defects are significant,
they are likely to be a concern to other buyers. Depending on the law in your
state regarding seller disclosures, you may have to provide copies of the
buyer's reports to future buyers who are interested in the property. There are
several ways in which sellers can participate in buyers' repair requests. They
can have the work done by closing, if time permits. Often contractors will
accept payment at closing. Or they can credit money to buyers as long as the
credit is called a credit for buyers' nonrecurring closing costs. Lenders
usually limit the amount of such a credit to 3 percent of the purchase price or
equal to the actual amount of the nonrecurring closing costs, whichever is
less.
I pull out all the stops to sell your home.
Lonnie Snyder
REALTOR ®
Keller Williams Realty Southeast Sound
Phone: 206-406-2710
Lonnie Snyder is a full time real estate
agent and REALTOR® with Keller Williams Realty specializing in Residential Real
Estate for buyers and sellers in Washington's Kent, Renton, Newcastle and South
Bellevue.