Home Buying in 90066>Question Details

Stephen, Home Buyer in 94954

Penalties to seller for refusing access to home for inspections in Califnornia

Asked by Stephen, 94954 Sat May 5, 2012

Help the community by answering this question:


Assuming this is an owner occupied property:
This is a breach of the terms of the contract. Give the seller a notice to perform, and then consider the following:
Do you really want the home? If so, consult an attorney who can a) write a threatening letter b) put a lis pendens on the property which will keep the property tied up from being sold to another party.
Then consider mediation or arbitration as per the terms of your purchase agreement.
Assuming tenant-occupied property:
You can gain access as per the terms of the rental agreement.
Remember that there are limits to what you can do during your inspections, as delineated by the contract.
Deborah Bremner
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
(D) (310) 800-2954
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I want you to know that I appreciate any referrals from friends and associates who may be in the market to buy or sell real estate. You can count on me giving them the same high-quality service I provide to all of my clients.
1 vote Thank Flag Link Sat May 5, 2012
I do not think there are any penalties persay, the buyer would have only one option and that is to cancel the transaction and have the earnest money depost returned in full. If a seller is refusing to have their home inspected, it is more than likely there is something within the home you are not to find out until after the escrow is closed.
1 vote Thank Flag Link Sat May 5, 2012
The seller eventually allowed inspections and everything is fine with home. Sellers just had a case of "sellers remorse" and tried to cancel sale, which is why they refused access for inspections. Sale is now going through, but just wondering if I have rights to collect resulting attorneys fees from seller?
Flag Sat May 5, 2012
Have your agent file a notice to perform under the terms of the contract. If they refuse and you want the home, you'll need a real estate attorney. Real estate brokers are NOT allowed to practice law. We can communicate on your behalf with the other party regarding the terms in your contract and ask them to comply. If they don't, and you get into legal maneuvering, it is immediately advisable, both for you, and your agent, to get an attorney involved. Your broker can lose his/her license for practicing law (assuming he/she isn't actually an attorney), and you need solid advice now. If your broker is a Realtor (member of National Association of Realtors) he/she has access to NAR's legal hotline. That's the place to start.

Good luck to you -
0 votes Thank Flag Link Mon Oct 8, 2012
Breach of contract, call your agent ASAP to help you out. The inspection terms are spelled out in your contract, read it.
0 votes Thank Flag Link Sun Oct 7, 2012
If the seller is not allowing access to the home for inspections, then they are not honoring the terms and conditions of the purchase agreement.

You can have your agent send the seller a notice to perform, if they stil fail to allow you access to the home for the inspection with the time line out lined in the notice to perform, you have no choice but to cancel the escrow, due to seller's failure to perform

Think about it ,if they do not want the home inspected what are they afraid of? Perhaps this is not a home you should even want to purchase.

Best of Luck to You!

Kawain Payne, Realtor®
0 votes Thank Flag Link Sat Oct 6, 2012
Inspection is one of the contract contingencies. Failure to allow inspection is called a "breach" and the contract can be cancelled if you cannot get access to the home for inspections.

I am assuming you want to move forward with the sale, so try to find out the reason the owner will not allow the inspection to take place. Home Sales can be a very emotional thing for buyers and sellers and perhaps you can work things out by scheduling the inspection at a convenient time for the seller. This is where your excellent buyer agent will step in and try to work things out for you, and hopefully smooth the road for a successful closing.

If all else fails, you can present the seller with a "notice to perform" which gives them only a day or two to move forward.
0 votes Thank Flag Link Sun May 6, 2012
As a licensed sales agent, licensed contractor, semi-retired 'certified' NACHI Home Inspector and ICC building code inspector there are not any actual 'penalties' it is only the buyers choice to waive an inspection if they choose, the penalty for denying an inspection may come later in the form of 'unforeseen' latent defects in the attic, roofing or even structural.

Find a legal way to have your inspection, it is your right as a buyer.

I have inspected homes that appear to be in re-conditioned shape and with a new paint job only to find that some sellers had patched and painted over severe termite damage and water damage, things of this nature.

It takes a trained eye to locate and call out obvious defects, latent defects and potential defects, my advice to any buyer is to obtain access for an inspection because it may save you tens of thousands of dollars after you purchase..and my friend would be a huge 'penalty' for you.
0 votes Thank Flag Link Sun May 6, 2012
so incorrect
Flag Tue Feb 18, 2014
What is the explanation your realtor has gotten from the listing agent? Is this a short sale with a reluctant Seller?

You can send a notice to perform and your deadline for contingency removal extends to when Sellers make the property available but if they are not intending to carry through on the deal it may be better to know now.

I hope you have an agent representing you and not a dual agent.

0 votes Thank Flag Link Sat May 5, 2012
There are no actual penalties, but there are 2 different things that could happen. 1) the buyer could refuse to move forward with the deal. (and that is the bes thing that could happen). If the buyer has not removed contingencies or if there is something that triggers the "new seller disclosure factor, the buyer would probably get their deposit back. 2) the second is that the buyer proceeds with the deal and after closing some kind of defect or non-disclosure item is discovered. If that were to happen the buyer would make a case that the seller was trying to conceal the defect. The courts do not like non-disclosure or any appearance of the seller trying to conceal pertinent facts so it would put the seller in a very bad situation.
0 votes Thank Flag Link Sat May 5, 2012
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