Legal Hotline: Does My Seller Have to Allow a Home Inspection if the Buyer Waived the Contingency?
October 12, 2020 Legal Updates
No, if the contract does not include a home inspection, a seller is not required to allow one.
Prior to waiving any contingencies, a buyer should thoroughly discuss the ramifications of such a waiver with their REALTOR®. A buyer who is interested in an information-only inspection should be sure to include that in the terms of their offer, rather than waiting for their offer to be accepted and then requesting access for an inspection.
A buyer who later decides they would like an inspection, may negotiate to have a clause added to the Purchase and Sales Agreement allowing for an inspection to take place, but, again, a seller is not obligated to agree to that request. Waiving the home inspection should be a carefully considered decision.
Written by: Justin Davidson, General Counsel; Catherine Taylor, Associate Counsel; and Jonathan Schreiber, Legislative & Regulatory Counsel.
Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legalhotline@marealtor.com. Subscribe to the Sidebar podcast here.
