Home Buying in 01850>Question Details

Fran2847, Home Buyer in 01850

Who pays if the house failed inspection?

Asked by Fran2847, 01850 Wed Mar 31, 2010

I recently had a house inspection and there are a few issues that need to be fixed, such as a new roof and a plumbing issue. My question is, does the seller have to have this fixed or can her go on to the next person in line who wants the house? There are some people who are waiting for us to bakc out.

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Kevin Vitali’s answer
There is no pass or fail for a home inspection. If issues arose during the home inspection you can request the sellers fix certain items. Of course, the seller is under no obligation to fix any of the issues that arise during home inspection and can move on to another buyer after certain conditions have been met in the contract to purchase.

Hopefully, you are working with a good buyer's agent that can explain your options to you after a less than satisfactory home inspection. Also, a buyers agent can help you sort out what may be standard and typical of a home in that certain price range and community.

You have not said what the issues are so it is hard to comment on how to proceed. The question to ask yourself is what are the expectations of other homes that competes with this one. Many homes especially in lower price ranges will have issues. A roof that is old and not leaking in a low end price range does not constitute asking for a total roof replacement... especially when half the other home in that price range probably have similarly aged roofs. Are the issues serious safety, health or structural/systems issues that will prevent you from enjoying a home? Everyone should expect a furnace to be working and a roof to not leak... but to by a resale home and expect them to be new is probably unreasonable.
Web Reference: http://www.thehousewiz.com
2 votes Thank Flag Link Wed Mar 31, 2010
1 vote Thank Flag Link Thu Jun 7, 2012
The homeowner does not have to fix anything. The points of the inspection are negotiated bewtween the parties. As Andrew said it is not a pass/fail it is a report of condition. If there is someone else in line for the house you need to work it out with the seller keeping in line with your contingency clause. Once those dates have passed they can move on to someone else if you dont come to rems.
Web Reference: http://www.mdmrealtyinc.com
1 vote Thank Flag Link Wed Mar 31, 2010
Yah Blacks goy to learn how to do better home buying skills rather than say I'll pay you 85.000 for it and then back out dragging us hard working white family through hell because you wasted a good 2 weeks our relist time
Flag Mon Feb 23, 2015
In our market here, everything thing these days are as is. You either take it or it goes to the next person that wants the house. Very few things are negotiable because there are people that will buy the house with issues. It sounds like you might be in the same market type. So it comes down to do you really want this house or are you willing to loose it? You can try to negotiate but i doubt you get very far, it doesn't hurt to try. If they say no you have to decide if you want the house or not?

Good Luck!!!
Web Reference: http://www.di4homes.com
1 vote Thank Flag Link Wed Mar 31, 2010
The seller is not required to fix anything although in most cases a compromise will be met between both parties. If they chose not to correct the issues you can walk away and they can see if somebody will buy the house as is. Because of the situation you mention, if the seller believes he can unload the property as is it could make financial sense for him to do so depending on the cost of the repairs mentioned.

Everything is negotiable!
0 votes Thank Flag Link Tue Jul 13, 2010
Hi Fran,
You only mention two issues. The new roof is expensive: the plumbing issue?
I feel that they would be remiss to not include the inspection report as a supplement to their disclosure if you decide not to buy. If you are strong buyer; they should consider dealing with you!
Do some easy math: if the agreed upon price is 100K and a new roof is 6k then the new price of the house is now 106k to you if you pay for it: if the sellers pay for it, the new price of the house to them is now 94k. If there are other "major" repairs that could add up to the thousands, then redo the equation.
Are they really going to drop you and hope that the next buyer wants the cost of the new roof? If they don't disclose it; that's fraud on them and fraud and collusion on their agent! Try to negotiate it!!
Its easy to spend lots of money doing floorings and painting when you first move in; if that applies to you, are you ready to spend that extra money on a new roof as well? Only you know what you can handle; be honest with yourself. You got an inspection and that PROVES you are smart!
0 votes Thank Flag Link Tue Jul 13, 2010
It is the seller's option to mitigate the home inspection items. Not all sellers are willing to do so nor will they negotiate. It may be as simple as they sellers do not have the funds to repair the items nor the equity in the house to provide the buyers a credit at closing. So, yes, the sellers may just say "next" to get another possible buyer. Not a pretty scenario but it sometimes happens in this economy.

This is a great reason why all buyers should use a home inspector and a buyer broker. They can help mitigate serious risks associated with buying a home.
Web Reference: http://www.LittAreaRe.com
0 votes Thank Flag Link Tue Jul 13, 2010
Home buyer:

In my professional opinion the purpose of a home inspection is to identify material defects that you could not see with your own eyes during your visit. Unless the roof is leaking I would not consider this to be an item to negotiate because it is clear from your visit if the roof is older. Plumbing issues are something that you can not see and may have room to work. The key to remember is that there are two types of home inspection items.

1. Black and White issues: The roof is leaking

2. Gray issues: The furnace is fully depreciated, currently works, but a life expectancy can not be given.

Black and white issues which are considered material defects must be disclosed to future buyers, but gray issues are more conjecture and may not have to be disclosed.

If you have a failed inspection, the cost is on the buyer. Most of my buyers are happy to spend 500 bucks to identify a $39,000 problem.

0 votes Thank Flag Link Wed Mar 31, 2010
not all defects were mentioned in the disclosuer the house was purched and later we found some remodling were done without a permet and now will not pass the city inspection. what can be done.
Flag Tue Nov 5, 2013

Your buyers agent should address the issues from your homeispection with the listing agent (that's what they are getting paid for) If the seller does not want to do the repairs or lower the price to cover the cost - you have the option of walking away (with your deposit) or make the repairs yourself. You need to make the decision. The next buyer will have the option o do a home inspection and find out if the house is for him.
Sounds like you do not want to cover the repairs yourself. If this is the case - walk away and continue to look for the house that is right for you. Good luck.
0 votes Thank Flag Link Wed Mar 31, 2010
Hello Fran...

First, if you have a buyer’s agent working for you, it is best that you take the advice of the agent contracted to protect your interest. There may be good advice here but unless we know all the circumstances to include the price of the home for the current market of like homes, problems found in the inspection and timing issues it is hard for us to give you the correct advice that is best for you in your particular situation. If you are a buyer working on your own then I would agree with some of the people here that you can go a couple of ways. First a seller usually does not want to fix things for a few reasons. One being they do not have the upfront money and 2) the repairs may not be done to your satisfaction or done right and this could lead to huge headaches and stress you don't need. I find its best that the buyer make the repairs when the deed has been conveyed but would have a reputable contractor give you a idea as to the extent of repairs and the cost associated with the repairs before you go further. If you are running out of time you may ask for an extension under the inspection clause and this has to be agreed by both parities. Once you have an understanding you can ask for repairs to be done which I do not recommend (seen to many horror shows), ask for a reduction in the price of the home. Ask for a certain amount back towards your closing cost. This frees up your money that you would of normally have put down, a combination of all and the final one is request of release from contract under the inspection clause. Sellers if truly wanting to sell will take your request if reasonable into consideration. I would ask because honestly all they can say is no. You will never know unless you ask. Keep in mind its very possible that a seller will realize these home inspections most likely will come up again with the next offer and may not go away. In my experience they will at least try to negotiate with you as to a good outcome for all. One last piece of advice that I tell all my buyers. Buying a home is a huge investment. Don’t get yourself into making impulse moves. Make sure the decisions you make you can live with (literally). Good luck!
0 votes Thank Flag Link Wed Mar 31, 2010
You have to negotiate the repairs you want during the option period. If you can't come to an agreement then you can walk away and only have your options money as a loss.

The seller does not have to fix anything if they do not want too. Most of the time the buyer and seller can come to an agreement about any repairs that need to be made. If the home is in a popular area or market and they can sell it "as is" that may be a better choice for them if they can in fact find a buyer to take possession this way.

I recently had a sale where the seller did not wish to make any of the repairs the inspection uncovered. My client and the seller agreed to lower the sales price by $5,000 and the transaction moved forward. Discuss these issues with your agent and see if you can all come to an agreement or move on to the next property. After all it is still a buyers market in most areas.

Best of luck to you.
0 votes Thank Flag Link Wed Mar 31, 2010

If there are attorneys or agents involved on both sides you should allow them to attempt to negotiate the seller making the fixes. However, you also must weigh the cost of the fixes v. how much you want the house.
Go into the negotiation knowing what your cut off is. Here are some possible outcomes - seller fixes all, seller fixes some, seller gives money off price, seller does nothing. Be willing to some or all the work yourself or be ready to walk away. Good luck,.
0 votes Thank Flag Link Wed Mar 31, 2010
Hi there, as a buyer, you have the right to an inspection at your expense. If the home "fails" the inspection and you decide to terminate the deal under your inspection contingency, you will look back at the inspection fee as good money spent. But the expense of that is yours.

Jeanne Feenick
Unwavering Commitment to Service
Web Reference: http://www.feenick.com
0 votes Thank Flag Link Wed Mar 31, 2010
Hello Fran, I see there are many response, but to be clear and to the point my recommendation is identify what is wrong and just negotiate the cost be deducted from the selling price. Most Sellers do not want to have to fix things, since they are focused on moving out. This is your leverage point especially if you get a few quotes from servicemagic.com, use the highest price for your assumption. You may find there is a silver lining, in terms of savings to have the work done by a local contractor since business is slow for many and they will work very competitively to get the job!

Hope this helps and all the best,
Catherine Fiorello Aziz
0 votes Thank Flag Link Wed Mar 31, 2010
Home inspections are not pass fail. They help you as the buyer understand a little more about the house that you are buying. In most cases you are buying the home "As Is", it is not unusual for folks to use things they find out in the inspection to negotiate with the seller, the thing that you need to be aware of is that if they have other folks that are waitng for your deal to fall apart the seller will likely be less apt to negotiate. Particularly if the issues are minor. The roof is not minor but they are never good forever and all need to be replaced at some point.

If the home needs these repairs but you do not have the cash to make the repairs you can obtain Renovation Financing to include the cost of the repairs in your mortgage amount.
0 votes Thank Flag Link Wed Mar 31, 2010
Are you asking for them to be fixed? They do not have to fix them and you can withdraw out of the contract due to unsaftifactory home inspection if you have this contingency in your offer. However even if they go to the next buyer and they have a home inspection it is likely the same issues will come up. This buyer will have the option as you do to have them repaired or not. When you placed your offer did you read the sellers statement as the age of the roof? If it said it was older you should have taken this into consideration when placing the offer. If not, the seller did not disclose the age/condition it will probally come up at the next home inspection if you decide not to proceed foward. I would discuss this in detail with your agent as he/she would be the best to guide you.
0 votes Thank Flag Link Wed Mar 31, 2010

If there are others in line to buy the house, you have to decide if you are willing to buy the house with the issues you've found or if you want to walk away. You can ask the seller to make the needed repairs, however, they are not obligated to make the repairs. They can simply say no and disclose to the next buyers what the issues are and let the other buyers make the decision.

If the house is one that you really love, have your agent negotiate some new terms on the agreement and move forward. Unfortunately, if the seller doesn't want to fix anything, and they have buyers willing to purchase the house "as is" you are the only one who can decide if you can and want to buy the house in the condition it's in.

Good luck!
Web Reference: http://www.sediesells.com
0 votes Thank Flag Link Wed Mar 31, 2010
In Massachusetts the inspection contingency is to ensure that there are no hidden defects in the property you have agreed to buy, and to allow you to back out of the deal if any are found. You can always try to re-negotiate (your agent would do this if you are using a buyer agent) but the seller is not obligated to fix anything. If you decide not to go forward with the deal, then the sellers can move on to the next buyer.

Web Reference: http://homes.debn.net
0 votes Thank Flag Link Wed Mar 31, 2010
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