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Tinav, Home Buyer in Dana Point, CA

I am in the 17 day inspection period the gas is not turned on. Does it get extended from the date of when I can actually go in?

Asked by Tinav, Dana Point, CA Tue May 1, 2012

A home inspector told me that since they cannot inspect the house right away that the 17 days does not officially start until the gas is turned on. Is this true? My realtor hasn't gotten back to me yet. The problem being is my husband is traveling this week, next week is the only week he is available and then he is gone again. We have maybe two days he can be there for the inspection. Thanks!

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Joan Weisman’s answer
You will have to ask for an extension to the inspection period formally and in writing, based on the fact that the gas was turned off and you could not properly inspect the property. This extension is NOT automatic event though the gas was off. To protect yourself you need to formally extend the inspection period.
0 votes Thank Flag Link Sat May 12, 2012
Hi Tinav,

You should or at least your agent should insist on having the utilities turned on for your inspection..Refer back to the contract.. . Tell you agent to talk with the other agent, They should come to some kind of understanding to keep moving this forward for you...
Its all about the contract and what you both can work out together..

Ingrid Ski Realtor
949-874-0432
OCAreaHomes@gmail.com
0 votes Thank Flag Link Tue May 1, 2012
Thank you for your comments. I just spoke to the Home Inspector I'd like to hire but he isn't available this Saturday (my husband gets home on Friday night) and will be too busy next week - at least the first three days to take 3 or 4 hours out of his day (he knows it is very important just can't get out of work) so we are looking at probably the 12th. My 17 days are up on the 15th unless they extend our 17 day period or I find another home inspector that is available this Saturday.

I then sent an email to my agent asking him to add an addendum to our 17 days once we know the gas is on. The Home Inspector pointed out the contract states the seller shall have the house ready for inspection and they can be in breach of contract for not having it so. If my husband wasn't traveling this week we would have wanted to do the inspection this week. Am I on the right track?

Oh, no HOA for this house (YIPEE!) so we don't have to worry about that. Am lining up my lender - of course looking for the best rate and am getting a second opinion for termite so lining that up also. Am I missing anything? Oh, insurance too.

Thanks again for your help!
0 votes Thank Flag Link Tue May 1, 2012
Have your agent ask for an extension of the Contingency Period. The Seller should certainly agree since they are responsible to have the utilities on for your inspections.

Good luck !
0 votes Thank Flag Link Tue May 1, 2012
The contract states that the seller must allow you to access the property and have the utilities on so that you can inspect the property. Your agent will need to advise the listing agent that you were not given an opportunity to inspect the home properly according to the contract. They should be able to work something out.
0 votes Thank Flag Link Tue May 1, 2012
Tinav:
I am sure the agents can work this out for you.

The 17 days is primarily because most agents don't order the HOA docs before there is a contract with the buyer, and they need time to receive the ordered docs.

The actual physical inspection is typically very quick, and once you have the docs to review, the rest of the review of title, HOA, termite, etc is very quick, too.
The listing agent simply needs to get the gas on so you can schedule the inspection next week, when your husband is back.

Meanwhile, you can review the HOA/Title, etc.and then simply add the physical inspection (a two hour task, followed by your agent requesting repairs, if you elect to ask for repairs).
This will likely not be a problem for anyone, once the listing agent gets the utilities on.
Terry
0 votes Thank Flag Link Tue May 1, 2012
You will need an extension in writing to extend, usually the time starts from when the contract is signed and ratified unless it specifically states it starts when the utilities are turned on by the seller. Call your agent at once,
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Tue May 1, 2012
No. They are suppose to have the utilities on but you trust nothing and get it in writing. Have your agent send a extension of time addendum ASAP. It's always better to be safe than sorry. You can also issue them a notice to perform if you need to.
Good luck
0 votes Thank Flag Link Tue May 1, 2012
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