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.

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Home Ownership During the Winter Season

As I was shoveling out from beneath last night’s storm I was reminded of the duties and obligations that homeowners have during the Winter Season. Depending on where you live, homeowners may have specific responsibilities to remove ice and snow from sidewalks, walkways, rooftops, and to maintain ice-melting chemicals in a specific manner.

Storage of ice-melting chemicals: If you live near a water supply or ground water supply be careful how you use and where you store ice melt or any other snow-removal chemicals. If you live near such a water access, M.G.L. c. 85 s. 7A requires that you store such chemicals “in a solid frame storage shed to insure against ground leaving and airborne pollution of the surrounding property.”

Town By-Laws: Pursuant to M.G.L. c. 40 s. 21 towns have the authority to create by-laws and ordinances relative to snow removal from sidewalks and

protection from falling snow and ice from roofs.

Injury and Notice to Owner: If you happen to suffer an injury – slip-and-fall, falling ice, etc. – as a result of a homeowner not properly maintaining their land, pursuant to M.G.L. c. 84 s. 21, the injured party must notify the homeowner within 30 days.

Bottom Line: If you are a homeowner, purchaser, realtor, take 10 minutes to contact the town public works department and find out your responsibilities and obligations. Each town is different and a quick telephone call may help prevent a serious headache later.

Side Tip: If you are thinking of selling your home make sure your walk, steps, railings and drive-way are free from snow and ice. If you are a realtor / agent, I suggest keeping extra salt and sand in your vehicle trunk in case you need to lay some down before an open house. Also, shovel out walkways to: sheds, bulkhead doors, fuel points, and porches. Potential Buyer’s likely will want to look / inspect these things and will be turned off if a mountain of cold, slushy snow is in the way.

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.