Home inspections should be conducted as early as possible in the home-buying process. Even if a buyer has 15 days to perform a property inspection, make sure that the inspection takes place within the first several days of the contingency period. When the report is issued carefully review it with your buyer.
You can also hire a specialist. Remember, the property inspection contingency in the Pennsylvania Association of REALTORS®’ Standard Agreement doesn’t limit the buyer to one inspection. If a home inspector questions the integrity of a roof and suggests further evaluation, call a roofer. A roofer — or any other professional who is called in to inspect only one facet of the property — is not required to be qualified under the PA Home Inspector Law. A contractor with specific expertise is likely to provide a more thorough analysis than the home inspector who is a generalist.
Arranging for home inspections that allow time for follow-up evaluation will help you avoid disappointed buyers and lawsuits.
Suits can also be avoided by making sure that follow-up evaluations are done by professionals with the right expertise. Suit was recently filed in a case where the lender requested a buyer to furnish a report on the structural integrity of a property. Apparently an earlier home inspection suggested that there might be a problem. The buyer-agent selected a home inspector to evaluate the structural integrity of the property for purposes of reporting to the lender, who was then satisfied with the home inspector’s report indicating that no problem existed. After settlement, though, problems were traced to a compromise in the structural integrity of the property. Apparently the home inspector missed something.
Had the buyer-agent selected a structural engineer, the problem may have been detected or the buyer-agent may have avoided liability by having chosen an appropriately qualified professional.
Home inspection conducted early in the inspection contingency period should be a standard. Subsequent evaluations and additional inspections should be considered anytime a question is raised by the original home inspector, the lender, a municipal inspector or by any other source. Contrary to a popular presumption, the property inspection contingency of the Agreement of Sale is hardly limited to a single home inspection. Take advantage of this very liberal due diligence clause to assist your buyers in uncovering latent defects and in protecting yourself from suits from unhappy buyers.
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