what if buyer and seller cannot agree to a time for conducting a home inspection ? what does "reasonably available" mean ?

Asked by Tatyontrulia, 91786 Wed May 9, 2012

The seller is available after one o'clock ( and has been setting this time at all moments of the transaction ). The buyer's agent cancelled an appointment last week on Saturday, which was set for one thirty (without notice I should add !!). He is not demanding to come at 10 am this Saturday.

Please, help on resolving this matter. BTW, the seller has family reasons for needing afternoon appointments.

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Alex Montelo…, Agent, Seal Beach, CA
Thu Mar 12, 2015
You have an interesting situation. It sounds like you and the other agent are just not jiving very well. Continue to work with the agent in scheduling the inspection. I am sure that it will work itself out. If you run out of time during the contingency period, send a notice to perform and get them to commit to a time and date.

All the best,

Alex Montelongo/Broker
Coldwell Banker Star Realty
562-810-7387 Cell
BRE lic #01456982
0 votes
Jennifer Fiv…, Agent, Red Hook, NY
Fri Aug 8, 2014
In order to get the transaction to closing the inspection is necessary, Both agents need to have a discussion with their clients to get them to understand this. The seller made known that appointment would be after 1PM, inspection is once fora few hours and should not become a big deal.
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Ernie Behrle, Agent, Raleigh, NC
Fri Aug 8, 2014
I'm kind of surprised at the question and most of the answers. It seems as home inspections are difficult to set up. I've not had any problems with setting appointments. The buyer asks for a day and time and the seller the majority of the time agrees. Occasionally there is a snag....family coming into town; an illness...but my experience is that both parties realize the importance of getting the inspection done as soon as possible and in a timely manner. The vast majority of sellers are very accommodating. Guess I've just been lucky for 20 years.
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Larry Hodel, Agent, Chino Hills, CA
Fri Aug 8, 2014
It's in the best interest of all parties for the seller's agent and buyer's agent to work this out...they should be able to do so in short order. Everyone wants things to go smoothly and to close escrow on schedule.
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Shannon Jones, Agent, Seal Beach, CA
Thu Jun 19, 2014
Usually if buyer and seller can make suggestions of times they are both available, there is some overlap. If the buyer isn't available at the times the seller offers, then the seller may need to understand that the contingency deadline for inspections may need to be extended.
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Mike Hsieh, Agent, Diamond Bar, CA
Thu Jun 19, 2014
Most of the time buyer needs to accommodate the seller on agreeable times seeing that the seller is still occupying the home.
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Diana Margala, Agent, Rancho Cucamonga, CA
Wed May 9, 2012
If that has been the time line since the beginning then he/she needs to work around it. If your agent doesn't get anywhere then your agent should call the broker. Your are not keeping the buyer from the home inspections, it just sounds like they waited too long. You can also extend the time period for the inspection if the problem is that they waited too long.

Good Luck

Diana Margala 909-560-0145
Web Reference:  http://www.dianam.com
0 votes
Maria Gilda…, Agent, Manchester, CT
Wed May 9, 2012
Hello Tatyrontrulia:

Reasonable is a question even lawyers for the closing are contending with if the closing is delayed for days or even weeks.

What is within reason? In your case, anytime after 1PM is generally acceptable. When your home inspection is cancelled even though it is set within the reasonable time set by the seller once--there should be an extenuating circumstance to deem the cancellation reasonable.

Let us say there was indeed an extenuating circumstance, then this instance can be forgiven.
However, if the sellers cancel again the second inspection which is scheduled during the time that the sellers can accommodate, which is anytime after 1PM, then the sellers reasonable availability is unreasonably unavailable.

Are weekends included on the reasonable availability? If not, then the sellers have the right to refuse to cancel the home inspection. Has there been a miscommunication?

Anyway, as stated earlier by other professionals, there is a home inspection contingency date. If this can't be performed within the set period, just to be on the safe side, have your agent extend the contingency date.

I hope that you can get this done three days before the contingency date to give you some time to get the report especially the water test or any other tests that require laboratory work to get the results.


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Laura Coffey, Agent, Santa Clarita, CA
Wed May 9, 2012
I would offer the buyer 3 -4 times that he is allowed to come to the house. If the seller has stated upfront no appointments before 1PM than the buyer should accommodate that. It really shouldn't be that hard.
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Steve Vennem…, Agent, Pine Springs, MN
Wed May 9, 2012
usually the inspection will be completed 5-7 business days after offer accepted. http://www.mnhomescontractfordeed.com/hennepin-county
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Caroline Bar…, , Rancho Cucamonga, CA
Wed May 9, 2012
Dear Tatyon,

Home inspection is a very important step of your transaction. Home inspection periods usually run 10 to 17 days after acceptance of offer depending on your purchase agreement and what was negotiated.

You need to make sure to have your inspection done before that time is up. Reason being if you come to find out there is something wrong with the house and you really do not want to go ahead with the transaction, then you can have your escrow cancelled and get your initial deposit back. If it is passed that agreed inspection period you will not get your deposit back. That is the norm.

So, check your purchase agreement and see how many days you've been given for an inspection and then you can ask your agent to work this out for you that's what he or she is getting paid to do and I'm sure they'll be able to help.

Good luck to you! Remember Day Creek Realty is giving cash back to buyers and sellers pass it on :)

Caroline Barooshian
Real Estate Broker
CA DRE 01067678
0 votes
Jory Blake, Agent, Norco, CA
Wed May 9, 2012
My opinion......the buyer should accommodate the sellers request of PM appointment. You are only three hours apart, someone needs to compromise quick!

Must be a short sale uh?
Web Reference:  http://www.JORYBLAKE.com
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