Home Selling in 97446>Question Details

figure_skater, Home Seller in Berkeley, CA

Are so-called health and safety requirements immune from the inspection period deadlines?

Asked by figure_skater, Berkeley, CA Wed Dec 19, 2012

The drinking water was tested by the buyer during the inspection period and there's an issue with it (something came back positive in the water; it can be fixed with a filter). But the buyers didn't submit their repair addendum asking that I fix the problem within the 3-day negotiation period. My realtor is telling me this is a health and safety issue and deadlines don't apply to it. I no longer trust my realtor to provide me with accurate information; he is only interested in his commission and has already made other misrepresentations to me. (And he's the principal broker!) The house is being sold "as is", which was stated in my counter offer. (He had also told me that I was responsible for paying for the repairs; I know that I am not required. It can be negotiated.)

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All states are different so I can not give you the answer for California. If you are not comfortable with your agent - please talk to their broker to find out for sure...they will help you.
0 votes Thank Flag Link Wed Dec 19, 2012
Hi Lana, this home is in Oregon.
Flag Wed Dec 19, 2012
I would ask an attorney. They will know your state laws and what is written in your contract.

In Oregon you could sell a home with water quality issues as long as it is disclosed and the buyer wanted to take responsibility for the filter. I can also tell you that I haven't seen a buyer yet not request that the seller pay for the system. I assume you need a reverse osmosis system.

What your agent may be referring to is a lender requirement. VA, FHA, and USDA require that the home not have any health of safety issues for lending. So in that case, the house would fail to qualify for financing and the buyers could terminate, typically, on that contingency in the contract. I assume your contract says that the property has to qualify for financing. It might be that if you don't put in the system you will have an essentially unsellable property.
0 votes Thank Flag Link Wed Dec 19, 2012
Possibly, you should invest in a Water Analysis:
For more reasons than one, it might be a good idea.
0 votes Thank Flag Link Wed Dec 19, 2012
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