After the Offer: Property Inspection


It is a new year and with it comes new home purchases and sales. This post is intended to remind Buyers,  Brokers and Realtors of the importance of the home inspection during a purchase.

After the Offer has been negotiated and accepted, a Buyer needs to spring into action to determine that their new home does not have hidden defects and is worth purchasing. A home inspection by a professional and competent property inspector is crucial. Massachusetts requires home inspectors to be licensed (See M.G.L. c. 112 s. 221). Your attorney can help you interpret your home inspection report and help explain how it relates to your purchase. 

Below are a few tips for realtors, brokers, and buyers who are working with an inspector:

1. Inspector Must Be Licensed: Massachusetts requires home inspectors be certified. Make sure your inspector is licensed / certified.

2. Understand the Limits of the Home Inspection: A home inspection is not a complete engineering study or zoning opinion. If you have concerns about the extent of your inspection speak with your attorney and your inspector to understand what does and does not fall under the inspection. For instance, home inspections are not lead paint inspections. Massachusetts law requires home inspectors to charge an additional fee and represent that a lead paint inspection is beyond the scope of the home inspection.

3. Be Present During the Inspection: Follow the inspector as he examines the property, ask questions, take notes, BE PROACTIVE! A home inspection may potentially reveal critical structural issues / concerns. While a home inspector is required to provide a written report, a first-hand observation of the property during the inspection is more revealing and informative.

4. Assigning Repairs Post-Inspection: It is not uncommon for an inspection to reveal minor defects or needed repairs (ex. wood rot, wall / ceiling repair, etc.). Depending on the extent of the needed work you should ensure that such work is completed by a licensed professional, that any necessary permits are pulled / obtained, and that the Seller provides sufficient proof of the work performed. All of this should be documented, ideally in the Purchase and Sale Agreement (P&S).

5. Additional Inspections: As previously stated, a home inspection is limited. Depending on the Buyer’s specific concerns and the facts and circumstances surrounding the property it may be prudent to obtain a: lead pain inspection, pest inspection, radon inspection, potable water test, mold test, and/or energy audit. These inspections will be the topic of a later post.

I wish you all the best,

Josh Robbins

Of Counsel

Scafidi, Juliano & Hurd, LLP

310 Washington Street, Suite 201

Wellesley, Massachusetts 02481

(T): 781-210-4710

(F): 781-210-4711

(E): jrobbins@sjh-law.com

Disclaimer:

This Blog/Website is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice (or any legal advice).  This blog is for general informational purposes only. Joshua N. Robbins, Esq. does not offer or dispense legal advise through this blog or by emails to or from this site. By using this Blog / Website you understand that there is no attorney-client relationship between you and the Blog/Website publisher.  The Blog/Website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This blog is not published for advertising or solicitation purposes. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon a Blog / Website. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While the blog is revised on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

To ensure compliance with requirements imposed by the U.S. Internal Revenue Service in Circular 230, we inform you that any tax advice contained on this site (including any links provided) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s