Many people are confused about the purpose of a home
inspection. People often view an inspection report as a mandatory repair
list for the seller.
The fact is, sellers are not required to produce a flawless house. They
have no such obligations by law or by contract.
With a home inspection, most repairs are subject to negotiations between
the parties to a sale.
Typically, buyers will request that various conditions be repaired before
the close of escrow, and sellers will usually acquiesce to some of these
demands.
But with most building defects, sellers make repairs as a matter of choice,
not obligation: to foster good will or to facilitate closing the deal.
Sellers maintain the right to refuse repair demands, except where requirements
are set forth by state law, local ordinance, or the real estate purchase
contract.
Legal obligations include things like smoke detectors in specified locations.
Contracts usually stipulate that fixtures be in working condition at the
close of escrow, that windows not be broken, and that there be no existing
leaks in the roof or plumbing.
Before making demands on the seller, evaluate the inspection report for
the big problems. Look for conditions that compromise health or safety or
involve actual leakage. Most sellers will fix problems affecting sensitive
areas such as the roof, fireplace, gas fixtures or electrical wiring.
If the house is not brand new, it is unreasonable to insist upon correction
of all defects. You risk alienating the seller and blowing the sale.
The purpose of a home inspection is to know what you are buying before you
buy it. If you can't re-negotiate the contract to your satisfaction, you
can disapprove the home inspection and cancel the sale without penalty.
As always, having a knowledgeable, local agent representing you is the best
security.