In a world
where liability is always an issue, it 's
a good idea to insist your Purchasers obtain a Home Inspection. The
Inspection offers value to both Buyers and Sellers.
Sellers:
Where a Home Inspection is obtained, liability for issues relating
to latent defects (those not readily visible to the eye) is shifted
from the Seller (and potentially the Realtor) to the Home Inspector.
Where there is a Home Inspection, and as a result a condition on Home
Inspection is removed, the buyer cannot later go after the Seller
or the Realtor if a problem arises. The reason for this is because,
in forming the decision to proceed with the transaction, the buyer
is relying on the report from the Home Inspector, rather than on the
silence of the seller on whether or not there is a defect.
Consequently, there are many good reasons why a Seller would want
the Buyer to have an inspection.
Buyers:
From a buyer Agents perspective, we have long advocated that all Buyer
Agents make all their Agreements conditional on a home inspection.
If the buyer does not want that inspection, they can always cross
out the Home Inspection condition. By inserting the clause as standard
and routine, the Realtor avoids the situation of a buyer coming back
to them afterwards, when a problem arises, and asking why he buyer
Agent did not recommend an inspection. From a Realtor liability perspective,
it is always advisable to recommend an inspection.
Most consumers would not buy a used car without having an expert look
at it. They do this because they do not want to have any surprises
following the purchase. A house is not any different. Consumers are
well advised to have an inspection before finalizing a transaction.
Which Inspector?
Home Inspectors are not licensed and there are no government regulations
that set out standards for them. As a result, consumers hiring the
wrong inspector may find themselves at risk. Be sure that the inspector
you recommend
- Carries liability insurance
- The contract between the prospective Homebuyer and the Inspector
does not limit the Inspectors liability. Some of these contracts
state that the Inspectors liability is "limited to the cost
of the inspection."
- Belongs to an organization such as the Provincial Association
of Certified Home Inspectors or the Ontario Association of Home
Inspectors
- Has good references and qualifications
The
moral of the story? Buyer Beware!!!
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