Home Buying in Philadelphia>Question Details

E, Home Buyer in Philadelphia, PA

What happens when a home goes back on the market because of a bad home inspection that Sellers are not willing to fix.?

Asked by E, Philadelphia, PA Wed Feb 27, 2013

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Some other buyer can buy it. The new inspector may not think it is "material". Or the buyer may offer a bit less to compensate. There is no law saying a seller "has" to fix things. But the seller would have to disclose it if they have reason to believe it is correct and material.
0 votes Thank Flag Link Thu Feb 28, 2013
If Sellers are not willing to fix the needed repairs and the home goes back in the market, they will need to secure a Buyer willing to purchase as-is.
0 votes Thank Flag Link Wed Feb 27, 2013
Your question has been covered fully by the responses below, so I don't want to repeat what has been said - but just let me add that before the sellers "adjust" the disclosure to reflect what has been "discovered" by the inspector - they will, or should, determine whether the inspection items noted on the report are genuine issues - material defects - or, as Annette mentioned, issues in the same category as "reversed polarity", or a cracked bathroom tile.

Perhaps the sellers will call in their own service people to verify, (or not) whether an issue exists.

Home inspections can vary depending on the inspector - they are not all created equal!

One has to first determine what is signigifcant..or cosmetic in nature, and then proceed from there.
0 votes Thank Flag Link Wed Feb 27, 2013
If you found a home where the sellers do not want to fix anything then they should compensate you with lowering the cost or give you a sellers assist. Feel free to contact me if you want me to send you a list of updated listings. I would be happy to showy any that interest you.

Jon Unrath
Weichert Realtors Media
267 968 1505
JUnrath12@comcast.net
0 votes Thank Flag Link Wed Feb 27, 2013
You also need to keep in mind that the purpose of the home inspection is not to require that the seller offer a "PERFECT" home but rather an informative report so the buyer will have a better idea of the condition of the home. There are many occasions where items that have surfaced on the inspection report and that I buyer feels should be corrected by the seller are many of the same conditions that exist in that buyers own family home and that people live with every day without adverse effect. The very concept of the home inspection has created the thought to buyers that all sellers have to sell them a home without any defects. Prior to the inception of home inspection, all homes were sold without the inspection process and we all lived happiy ever after.
0 votes Thank Flag Link Wed Feb 27, 2013
Hi E,

The seller's disclosure will need to be updated to now include the known defect, and going forward it will still remamin a potential negotiation point. The seller may luck out and find a buyer that is willing to look past it. Depending on the significance of the repair it may negatively impact the ability for a bank to finance the property. Lastly, if every buyer either wants the issue taken care of, or to be compensated to handle themselves, and the seller refuses, then the seller will obviously have a very difficult time selling the property.

Best,

Ryan C. Garrity
U S Spaces, Inc.
2043 Locust St., 1F
Philadelphia, PA 19103
215-829-8850 x208
215-514-9424 (cell)
ryan@usspaces.com
0 votes Thank Flag Link Wed Feb 27, 2013
a home inspection is not a requirement for all buyers. the next buyer may negotiate a satisfactory selling price and feel comfortable that the property can meet their comfort level. many home inspection items are subjective. for example
1) aluminium wiring ; while not ideal, does not necessarily pose an undue risk if still in good condition.
2) exterior decks and porches ; typically suffer signs of deterioration but arnt critically damaged to a point of requiring replacement as buyers may desire.
3) roofing. roofwork can be subjective. one inspection may decry the roof as ready to fail while another inspector may speculate another 5years of service.

remember one mans trash is another mane treasure.
0 votes Thank Flag Link Wed Feb 27, 2013
E in Philadelphia,
IT DEPENDS ON THE NATURE OF THE FAILURE!

Here in Florida there are rogue inspectors.
One inspector included on the report as a crucial repair, the need to fully seat the power cord into the receptacle. Some include flooring tiles that may be cracked, and my all time favorite, reversed polarity outlets! You do not disclose the nature of the failure that inspired your question.

Without knowing the nature of the 'inspection failure' the action of the seller can not be predicted. A home owner should not be exposed to the extortion of a rogue inspector.

In many situations, a home is sold 'As-Is' to indicate to the buyer such demands for cosmetic issue will not be receive a response. 'As - Is' sale can also provide additional cost containment for the seller. Could that have been the situation of the home in question?

In those situations where there is a material affect on the property, such as an active roof leak, non-functional HVAC or that room addition with deteriorated piers. These conditions would compel the seller to correct, compensate or reject the purchase offer. The seller would need to disclose such conditions to any future buyers. These issues don't magically go away so it is usually best to attempt to reach an agreement with the existing buyer.

Normal practice, here in Florida, when homes are sold with the assistance of a real estate professional, a failed purchase offer caused by an inspectors report containing 'reversed-polarity' will be disclosed to future potential buyers. The objective of such reports are transparent. There comes a point in time when enough is enough and folks stop dancing and you either buy or go shopping.....again.

Help us out a bit. What was the nature of the failure?
Best of success to you.
0 votes Thank Flag Link Wed Feb 27, 2013
If the issue was not originally on the seller's disclosure, the owners of the home would need to update that disclosure so all potential buyers would know about it in the future. From there it would just be a potential negotiation point. Future buyers may not care about the issue and just make and offer. Other buyers may make a lower offer for the home if the owners will not fix it. Depending on what the issue is it could limit the types of mortgages that can be used to buy the home. If the issue is big enough that a bank would consider the home to be unlivable they could refuse to do a mortgage on that house at all or at least require a lower price before they would provide a mortgage.
0 votes Thank Flag Link Wed Feb 27, 2013
Seller's disclosure to be updated and full disclosure of known material defects going forward.
0 votes Thank Flag Link Wed Feb 27, 2013
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