A question that I have been getting lately is should I have a post-sale home inspection if I waived the home inspection or bought the home as-is.
- THE ANSWER IS YES
It has become increasingly common in recent years for buyers to move into a home, discover some issue regarding the condition of the home finding conditions the seller either failed to disclose or that they actively concealed.
Offers that waive a home inspection contingency can be more attractive to home sellers since there’s less likelihood that the buyers will find some expensive problem that they’ll demand is fixed before they move forward. Generally, waiving a home inspection is done to speed up the closing process, but leaves the buyer taking a large risk.
A residential home inspection is a visual, non-invasive inspection of your new home and its components. Scheduling a home inspection after closing is vital if you couldn’t have one done during the home buying process. Now that you’re the owner of the home, you’ll want to do your due diligence and learn about any potential health and safety issues so you can have them addressed. The benefits of having a home inspection done after buying a home include the ability to:
1. Proactively Mitigate Health and Safety Issues
- My home inspection can reveal potential safety issues that threaten the health of your family. Mold, radon, and carbon monoxide leaks are just a few examples of health hazards that I can help identify. Tri-State Home Inspections LLC will provide recommendations in the inspection report for dealing with these safety issues before they can cause any harm.
2. Uncover and Address Items for Repair Before Moving In
- Uncover items-for repair
- A thorough home inspection can help uncover hidden issues with your new home that might not have been noticeable during a routine walk-through. This allows you to proactively address issues like improper wiring, major structural issues, roof damage or mold in homes. And once you move in, you’ll have peace of mind to enjoy your new home without stressing about renovations.
3. Gain Insights to Build a Budget and Plan for Future Home Improvements
- Every home can benefit from regular maintenance and care. Along with a thorough home inspection report, Tri-State Home Inspections LLC can also take you on a tour of your new home to show you how things work, while providing tips for future maintenance and upkeep.
The next question I get is what if a large defect is found and can they go back to the seller of the home if there is one found.
- These questions depend on a few variables, and I
am not lawyer and do no give legal advice
- Was the defect disclosed on the disclosure
- Can you prove the seller of the property knew of the defect
- But yes, if you can prove deception or lying on the disclosure you may be able to go back to the seller of the property for repairs and damages
In Wisconsin, most residential home sellers are required to disclose defects of which they have notice or knowledge to potential buyers prior to the sale.  A “defect” is “a condition that would have a significant adverse effect on the value of the property; that would significantly impair the health or safety of future occupants of the property; or that if not repaired, removed, or replaced would significantly shorten or adversely affect the expected normal life of the premises” (see Wis. Stat. Section 709.03). The buyer must be able to show the seller knew about the defect.
A seller of any type of property may choose to sell the property “as-is.” Generally, an “as-is” clause means the seller (1) will not complete condition reports, leaving the buyer primarily responsible for determining the condition of the property being purchased, and (2) will not repair the property or cure any defects. Typically, an “as-is” clause also alerts the buyer that he or she is responsible to determine the condition of the property being purchased.
But sellers of as-is properties may still be required to make some disclosures about the property such as:
- The seller cannot create risk: The seller has the duty to exercise ordinary care in refraining from any act that would cause foreseeable harm to another or create an unreasonable risk to others.
- The seller cannot conceal or prevent discovery of defects: The seller may be liable for misrepresentation if he or she actively conceals a defect or prevents a buyer from investigating the property and discovering the defect.
- The seller cannot make false affirmative representations: The seller may be liable if he or she makes false affirmative statements about the property.
- The seller must disclose defects that are difficult to discover: The seller may be liable in an “as-is” situation if he or she fails to disclose material conditions that the buyer is in a poor position to discover.
The use of an “as-is” clause will not always serve as an escape for a seller from all disclosure.
Failing to disclose or concealing a defect can lead to a variety of potential damages. First, buyers can sue for breach of contract and intentional misrepresentation and seek either rescission of the sale or the costs to repair the alleged defects. In addition, buyers almost universally bring a cause of action that offers the potential of recovering multiplied damages and recovery of their attorney’s fees. Buyers can allege that the failure to disclose a defect constituted a theft by fraud, which, if proved at trial would allow them to recover triple damages (i.e. three times the amount of their actual damages), as well as their actual attorney’s fees.
Yes a post-sale inspection can be beneficial in you learning about your home and if something large does come up during the inspection you may be able to contact a lawyer for your legal rights to have the problem remedied.
Call Tri-State Home Inspections LLC for any inspection needs
563-380-2515 / 608-620-5320