Inspection needed?
Started by hwmd
about 18 years ago
Posts: 12
Member since: Sep 2007
Discussion about
In other areas of the country, an inspector is brought in by the buyer before a contract is ever signed. Is this the case in Manhattan too? (Sorry if this is a dumb question; novice to real estate.)
I bought property in NC and the inspection was done AFTER the contract was signed...If there is a problem then you'll be able to get out of the contract.
It's not typical for coops/condos that are resales. I could actually see the case for wanting a brand new condo inspected prior to closing. The developer may not be so incentivized to fix problems with a unit once they have your money, and are busy finishing another floor to get those closed....
Most people don't, but there's nothing stopping you from getting an inspector in. Back when there was a more intense sellers' market it might have got your offer dinged, but you'd get away with it nowadays for sure.
There are two ways to handle this, pick the one that suits you best:
1) The buyers performs home inspection AFTER his offer is accepted and BEFORE the contract is even sent to his attorney. If home inspection reveals anything wrong, the buyer either accepts the property "as is" of re-negotiates the purchase price.
2) The buyer requests that a contract with home inspection contingency clause be sent to him. After the contract is fully executed, the buyer must do home inspection.
A good example of home inspection contingency is below; wording is pretty much self-explanatory; you may want to suggest it to your attorney:
This contract is contingent upon a written determination, at Purchaser's expense, by a NY State licensed home inspector, that premises are free from any substantial structural, mechanical, electrical, plumbing, water, sewer, and environmental defects. This contingency shall be deemed waived unless the Purchaser notifies (insert "seller's attorney name") in writing, by certified or registered mail, return receipt requested, postmarked no later than {insert date or "within 5 business days after the contract is fully executed") or by personal service or faximile machine by such date, of such defect, and furthermore supplies a written copy of the inspection report. If the Purchaser so notifies, then this Contract shall be deemed cancelled, null and void and all deposits made hereunder shall be returned to the Purchaser.
I personally recommend appoach #2. It is especially advantageous to the buyer if he thinks that some other higher offer may come in any minute and wants to tie down the seller in a contract. Also, it's easier to negotiate on details after inspection results come in: supposing home inspection reveals that a nail is not properly hammered in the wall. If parties used approach #1, it would be really difficult for the buyer to persuade the seller to send a contract to him "with condition that the nail be properly hammered". And it's much easier for the buyer using approach #2 (remember, they already have fully executed contract and earnest money deposit in place) tell the seller "just hammer that nail into the wall properly, and I'll waive home inspection contingency immediately".
The downside that seller's attorney may refuse to send out a contract with home inspection contingency in it and insist that buyer use approach #1. The job of a broker (either listing or selling) to persuade the seller and his attorney to do that anyway. It's buyer's market :)
Also, due to the recent change in NY law, only LICENSED home inspector can do this job now. Make sure home inspector of your choice is licensed.
I personally recommend that ANY property be inspected by the buyer, new or old, condo or house.