Failed to have home inspected

[jhavlik]

What is the name of your state?What is the name of your state? Michigan

We have a signed contract dated 6/27/05 to sell our house. The sale was contingent on a property inspection and financing. There was a 10 day period to obtain the inspection. We just receieved a termination letter, dated 7/3/05, saying inspections are unsatisfactory. In reality, there was no inspection. They are backing out because the buyers decided they needed a ranch home instead of a 2 story home. They claim that looking at a picture of the 2 story home is their "inspection". Does this qualify as an inspection? I would think that a qualified professional must be involved and that it must relate to a problem with the real property and not a change of opinion on the use of the home. Furthermore, I don't want to sign a document saying that the house failed inspection when there never was an inspection at all.

Thanks!

[HomeGuru]

[quote=jhavlik]What is the name of your state?What is the name of your state? Michigan

We have a signed contract dated 6/27/05 to sell our house. The sale was contingent on a property inspection and financing. There was a 10 day period to obtain the inspection. We just receieved a termination letter, dated 7/3/05, saying inspections are unsatisfactory. In reality, there was no inspection. They are backing out because the buyers decided they needed a ranch home instead of a 2 story home. They claim that looking at a picture of the 2 story home is their "inspection". Does this qualify as an inspection? I would think that a qualified professional must be involved and that it must relate to a problem with the real property and not a change of opinion on the use of the home. Furthermore, I don't want to sign a document saying that the house failed inspection when there never was an inspection at all.


**A: post word for work the inspection contingency as stated in your contract.

[jhavlik]

The Inspection disclosure reads like this:

It is recommended that the Buyer select qualified professionals to inspect and investigate the Property as well as to conduct tests including, but not limited to, radon, mold, wood destroying insects, UFFI and any other environmental hazards. Buyer may obtain an inspection of the Property.

Buyer may obtain any of these inspections at thr Buyer's expense within ten (10) days of final acceptance of purchase agreement . If the Buyer is not satisfied with the inspections(s) the Buyer may terminate thes Agreement by giving written notice to the LISTING OFFICE on or before 6:00pm on the last day of the stipulated time period. If the Agreement is terminated, the Deposit money shall be returned to the Buyer and neither party shall have any further rights or obligations under this Agreement.

If the buyer chooses no inpsections, fails to complete inspections, or fails to terminate this Agreement due to dissatisfaction with these inspections, then it will be deemed that the Buyer accepts the Property in its present "AS IS" condition.

[Charles11]

Originally Posted by jhavlik

The Inspection disclosure reads like this:

It is recommended that the Buyer select qualified professionals to inspect and investigate the Property as well as to conduct tests including, but not limited to, radon, mold, wood destroying insects, UFFI and any other environmental hazards. Buyer may obtain an inspection of the Property.

Buyer may obtain any of these inspections at thr Buyer's expense within ten (10) days of final acceptance of purchase agreement . If the Buyer is not satisfied with the inspections(s) the Buyer may terminate thes Agreement by giving written notice to the LISTING OFFICE on or before 6:00pm on the last day of the stipulated time period. If the Agreement is terminated, the Deposit money shall be returned to the Buyer and neither party shall have any further rights or obligations under this Agreement.

If the buyer chooses no inpsections, fails to complete inspections, or fails to terminate this Agreement due to dissatisfaction with these inspections, then it will be deemed that the Buyer accepts the Property in its present "AS IS" condition.

The buyer could have had a drive-by inspection of the roof or on the feasibility of constructing a ramp to the second story for all you know.

I would think that a qualified professional must be involved and that it must relate to a problem with the real property and not a change of opinion on the use of the home. Furthermore, I don't want to sign a document saying that the house failed inspection when there never was an inspection at all.

As you can see from above, a professional is not needed and it only requires the Buyer to be unsatisfied.

I wouldn't worry about signing the termination, no one but the involved parties will see it. If you come across an agent aware enough that the property had sold subject to inspection just explain the circumstances.

If the buyer had done a more conventional inspection and uncovered all sorts of material defects with the property, that you were unaware of, you would then be required to DISCLOSE them on your disclosure form as you would then have constructive notice.

Yes, this is quite annoying for you. The best thing to do is move on move on move on and get it back on the market.

Chas

[HomeGuru]

Originally Posted by jhavlik

The Inspection disclosure reads like this:

It is recommended that the Buyer select qualified professionals to inspect and investigate the Property as well as to conduct tests including, but not limited to, radon, mold, wood destroying insects, UFFI and any other environmental hazards. Buyer may obtain an inspection of the Property.

Buyer may obtain any of these inspections at thr Buyer's expense within ten (10) days of final acceptance of purchase agreement . If the Buyer is not satisfied with the inspections(s) the Buyer may terminate thes Agreement by giving written notice to the LISTING OFFICE on or before 6:00pm on the last day of the stipulated time period. If the Agreement is terminated, the Deposit money shall be returned to the Buyer and neither party shall have any further rights or obligations under this Agreement.

If the buyer chooses no inpsections, fails to complete inspections, or fails to terminate this Agreement due to dissatisfaction with these inspections, then it will be deemed that the Buyer accepts the Property in its present "AS IS" condition.

**A: that is a poorly written clause. It could go either way.