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.
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