Profile picture for ini2011

Home Inspection question

I just put a contract on a home and the contract was ratified today.  I specified to my realtor I wanted a home inspection and she said I have 10 days from contract ratification to get an inspection.  I had put a contract on previous home that fell through and she had included a home inspection/radon contingency.  This contract had no contingency for home inspection, just has a Va financing contingency.  Should there be a home inspection contingency in the contract?  I want to be able to get our if anything is found or make sure they fix anything that needs repairing.
  • August 28 2013 - US
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Answers (7)

In New Mexico, the inspection period is an automatic contingency unless the buyer waives one or all of the recommended inspections.  You should definitely discuss this with your Realtor.  It is important that you have the contingency so you can withdraw from the transaction if the findings of the inspections are unacceptable.  Normally after inspections, the negotiations with the seller will resolve the issues and the transaction can progress to a successful closing, but sometimes the findings are deal breakers for the buyers regardless of what the seller is willing to do.
  • August 29 2013
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Profile picture for kelliv
Without knowing where you are buying and what contract you signed, it is impossible for me to guarantee that you have an inspection cont.  However, in CA, when the buyer is given 10 to complete all inspections, that is in fact a contingency so if within said time you find a "crack in your castle" that the seller is not willing to repair or you just are no longer interested, you can back out within that time period and receive your Earnest money deposit back.  I hope that is the case in your purchase.  You can confirm with the real estate agent that is representing you.   Have a great day and I pray that your inspections come back clean!!
  • August 29 2013
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I would urge you to clear this up with your Real Estate Agent. In Florida we usually put in a 10-15 day inspection period from the effective date. Which is the date the last person in the contract signed the contract.

This certainly must be explained in detail by your agent if you hired one to help you!

Good luck!
  • August 29 2013
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Profile picture for Alison Wick
I would strongly recommend getting this corrected with your Realtor.  In Nebraska it is in our contract to allow for inspections and then we attach an addendum indicating which inspections are desired.  It sounds like, in your state, an addendum must be attached.  If in your contract it was specified that you do not want inspections or there was a failure to indicate that you do want inspections, the sellers may have accepted your offer over another based on that fact.  What if they feel it would be easier to work with a buyer that is not interested in inspections because they're concerned as to what might be discovered?  It is imperative to get everything you are asking for in writing even if it does seem redundant or overkill.  NEVER ASSUME!  There are so many things that can go wrong and you must be sure you are as protected as possible.  It was probably an honest mistake but must be fixed to prevent further potential complications.
  • August 29 2013
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Hello ini2011,
In both KS and MO the Real Estate contract grants the buyer 10 calendar days to complete any evaluation of the home that they would like.  This time period is known as your "inspection period".  If during that time you found any condition (discovered as new information and as the result of your use of the inspection period) to be unsatisfactory you may cancel the contract at that time.  You do not need to provide any basis for your decision other than, in your opinion, the condition discovered is unsatisfactory to you.  No opportunities or explanations need to be given for your decision.  You do not need to offer the seller the opportunity to rectify the condition, you can simply walk away.

This inspection period is built into the body of the contract and is not an item that can be selected or added/removed from the contract.  In the busier times of the year agents will occasionally modify the number of days to extend the period but there is no way to remove the clause even if inspections are not planned. 

In practice this is seldom the outcome as people don't typically get all the way to contract and let a small/minor issue dissuade them from the purchase.  Additionally, while not spelled out specifically, the person that finds this unacceptable condition should be a professional in the field of the discovered item(s)  i.e.: Radon.

Keep in mind that this is how our contracts are written in KS and MO and there may a significant difference in VA.

  • August 28 2013
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Profile picture for ini2011
I looked through the contract (Virginia), it is checked on one line that I want a home inspection (Addendum required).  But there are no Home inspection/radon contingency addendums and at bottom of contract NO is checked besides home inspection/radon contingency.  Maybe my realtor forgot to add this.  Does this mean I cannot get out of contract if there are issues or what if the seller refuses to pay for repairs, can I still get out?  I will have to talk with my realtor tomorrow on this.  The contract was ratified today. 
  • August 28 2013
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Profile picture for marc jablon
Here in Florida we have a home inspection contingency period in all of our contracts.  You have a certain number of days to inspect the home you have contracted to purchase.

If, within that specified period of time you discover a defect in the home that you feel is problematic you have two choices.  You ask the seller to remediate the problem. If the seller will not agree to do this, or if you and the seller cannot work out a compromise, you are able to cancel the contract.

At that point you should state to the seller, in writing, that you are dissatisfied with your findings and you wish to cancel the contract.

Discuss this with your realtor. If you are not certain of your rights, you may want to talk with an attorney.


  • August 28 2013
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