TRUMAN HOMES leaves home owner on their own...

[Hockeyguy15]

Originally Posted by OMG!WTF!

You really do have to give the report to the seller like by 9pm the next day. Otherwise why even have a contract. The home inspection condition would become the "we just don't really want to buy your house after all" condition.

Isn't it already considered a contract before it gets to the home inspection?

The buyer puts in an offer, usually conditional to financing and inspection. If the seller agrees to those terms there is a contract in place with clear deadlines of when the conditions must be signed off on.

If the buyer does not sign off on the conditions they either need to be valid or they lose their deposit as penalty for not fulfilling their end of the deal.

[Hockeyguy15]

Originally Posted by Hockeyguy15

http://storage.ubertor.com/calgarysu...ment/81274.pdf

Originally Posted by Flamenspiel

Absolutely not, if the condition is not satisfied, you are out. Plainly; "The contract is subject the buyers satisfaction with the property inspection...".

The contract can require a "licensed inspector", however there is nothing that says you have to provide that report to anyone. You paid for it, it is to the advantage of the buyer to keep it private unless they want to disclose it.

In fact, the reverse is true; withholding the deposit would be a violation of the contract.

That isn't true.

In the event the Buyer does not give the notice to waive/release the Property Inspection Condition, the Seller is

entitled to a copy of the complete inspection report.

• The Seller must request the property inspection report no later than 9 p.m. on the second day following the

Condition Day.

• The Buyer must provide the property inspection report no later than 9 p.m. on the second day following the

day the Seller requests it.

[bagofpucks]

Ugh, this can be so frustrating. I know a number of people that feel like the home inspection condition is a "get out of jail free" card. I even know a couple that were told by their realtor that putting offers on houses is not a big deal because you can always just find something in the home inspection and back out. In one case, the realtor continued to show them homes despite the fact they had a conditional offer on a home, just in case they could find a better deal on another house.

The whole house buying process is the worst!

[FlamesAddiction]

Originally Posted by OMG!WTF!

You really do have to give the report to the seller like by 9pm the next day. Otherwise why even have a contract. The home inspection condition would become the "we just don't really want to buy your house after all" condition.

The thing is, I recently went through this. I found a home that I thought I loved. Brought in the home inspector and he found so much wrong with it I was crushed. After a few hours he said that if my decision was made and I wasn't buying, we could call it quits and it would be $100 less if he didn't have to write the report. He just said the owners could call him if they want to discuss.

[Flamenspiel]

Well Hockeyguy15,

I can tell you that is not the contract that i have seen(the one you posted was fairly old and from 2012). We will have to agree to disagree, i have had a lot of successful practical experience in these matters and i wanted to share that, but I have no interest in a debate. I would just urge anyone involved in these transactions to read your contract carefully before signing it, they are not all the same.

[Hockeyguy15]

Originally Posted by Flamenspiel

Well Hockeyguy15,

I can tell you that is not the contract that i have seen(the one you posted was fairly old and from 2012). We will have to agree to disagree, i have had a lot of practical experience in these matters and i wanted to share that, but I have no interest in a debate. I would just urge anyone involved in these transactions to read your contract carefully before signing it.

This is a schedule that you add to the typical purchase offer. It may be from 2012 but I filled out the exact same schedule when buying a condo in 2014 and a house in May of this year.

[Fighting Banana Slug]

Originally Posted by Hockeyguy15

That isn't true.

Thanks, the standard contract has changed since my limited (and I guess ancient) experience in real estate transactions.

I think it is still fair to say that the answer is "depends on how the condition is stipulated". It is still likely a condition precedent, meaning that if the condition is not waived by the buyer, the deal is off.

As a vendor, I am not sure I would care what the report says. Obviously it depends on the market, but if the report said for example, there is $25k in repairs needed in the near future, I would say, "I know, that $25k was already reflected in the price". Waive the condition or move on.

[Hockeyguy15]

Originally Posted by Fighting Banana Slug

Thanks, the standard contract has changed since my limited (and I guess ancient) experience in real estate transactions.

I think it is still fair to say that the answer is "depends on how the condition is stipulated". It is still likely a condition precedent, meaning that if the condition is not waived by the buyer, the deal is off.

As a vendor, I am not sure I would care what the report says. Obviously it depends on the market, but if the report said for example, there is $25k in repairs needed in the near future, I would say, "I know, that $25k was already reflected in the price". Waive the condition or move on.

I think it would depend on the situation. If you were pretty sure nothing was wrong with the property I would be interested in seeing the report. Maybe the inspector found something you needed to address? If it was something big enough to end the deal then more than likely it will end the next offer as well. Or maybe there was nothing wrong and the buyer is just trying to get out of the sale without losing their deposit.

[speede5]

This whole conversation shows the value of a good realtor.

I have met/dealt with good and bad, but in all my part time contracting I have always dealt with people fairly and been quite clear on the limits of my abilities/knowledge. So far so good.

[OMG!WTF!]

Originally Posted by FlamesAddiction

The thing is, I recently went through this. I found a home that I thought I loved. Brought in the home inspector and he found so much wrong with it I was crushed. After a few hours he said that if my decision was made and I wasn't buying, we could call it quits and it would be $100 less if he didn't have to write the report. He just said the owners could call him if they want to discuss.

I'd bet if it was that bad the owners already knew and probably didn't need to request a written report. But it's absolutely within their right to get a copy of it. If they don't ask for it within a certain time then you don't have to give it to them either.

[PepsiFree]

It's almost as if not every realty contract is the same.

[Cecil Terwilliger]

Originally Posted by OMG!WTF!

I'd bet if it was that bad the owners already knew and probably didn't need to request a written report. But it's absolutely within their right to get a copy of it. If they don't ask for it within a certain time then you don't have to give it to them either.

Is it?

I've been told by inspectors that the only person with a right to see the inspection report is the person who paid for it.

And they don't like copies of it being distributed for free without permission. Just my experiences though. May not be the norm.

[OMG!WTF!]

Originally Posted by Cecil Terwilliger

Is it?

I've been told by inspectors that the only person with a right to see the inspection report is the person who paid for it.

And they don't like copies of it being distributed for free without permission. Just my experiences though. May not be the norm.

Yeah appraisers say that too. They will obviously allow you to send it to another party if you pay them. But I doubt any would have a problem giving a copy to the home owner. And they have probably spread priced that in to the price. But even if there is an issue that doesn't mean the buyer is exempt from providing the copy if requested.

[llwhiteoutll]

Originally Posted by OMG!WTF!

Yeah appraisers say that too. They will obviously allow you to send it to another party if you pay them. But I doubt any would have a problem giving a copy to the home owner. And they have probably spread priced that in to the price. But even if there is an issue that doesn't mean the buyer is exempt from providing the copy if requested.

If the post above is to be believed, the buyer is exempt unless some specific criteria are met. The seller can't just demand the report as soon as the inspection is completed.

[bizaro86]

Originally Posted by PepsiFree

It's almost as if not every realty contract is not the same.

Indeed. The "standard" contract is not the law, you can buy and sell property using any written contract, including something you wrote yourself on a napkin.

Whatever the contract says is the rules that apply to the deal. If it says the sellers get a copy if the buyers waive, then they do. If it doesn't say that, then the buyers wouldn't be obligated to provide it.

[Sliver]

When we were looking at our house, I brought my contractor friend on our second viewing and just did a home inspection while we were there without telling the homeowners and by blindsiding my realtor so he couldn't say no. Then we made an offer not contingent on a home inspection. I recommend doing it that way. No screwing around and you can come in with a strong and confident offer.

[Hockeyguy15]

Originally Posted by Sliver

When we were looking at our house, I brought my contractor friend on our second viewing and just did a home inspection while we were there without telling the homeowners and by blindsiding my realtor so he couldn't say no. Then we made an offer not contingent on a home inspection. I recommend doing it that way. No screwing around and you can come in with a strong and confident offer.

You mean minus the screwing around of not keeping your realtor in the loop of course.

But really a typical home inspection lasts longer than a typical showing, so either you would have to rush through the 'inspection' or you would need to schedule a longer showing.

[Sliver]

Originally Posted by Hockeyguy15

You mean minus the screwing around of not keeping your realtor in the loop of course.

But really a typical home inspection lasts longer than a typical showing, so either you would have to rush through the 'inspection' or you would need to schedule a longer showing.

Haha, don't care about the realtor. He made more than enough on the deal to not have hurt feelings. If I had told him my plan he would have said no because he'd have to. Better for him and me to keep him in the dark.

You can stay at a showing basically as long as you want. Just tell your realtor you want to measure for blinds and furniture while you're there so you'll need a few hours.

[GGG]

https://www.google.ca/amp/s/www.thes...?client=safari

Interesting link, really depends on the wording of the clause

[Nage Waza]

Originally Posted by Ducay

"In the attic, searching for mold!"

Aka poke their head up quickly and look for obvious issues. They are people looking at 500 things quickly to see if anything jumps out. This is not a forensic examination for every defect, nor can or should it be at the price point owners are willing to pay.

Buyer beware as always. The inspector I use will spend a couple of hours on the job, with a set check list of what he is looking for.

The point I was making, which you should be aware of, is that the city inspectors are not doing the same job as paid for so called home inspector. They are not the same, and as always, buyer beware.