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Use the Checks and Balances or you may be writing some more checks of your own if you decline the home inspection and decide to sue the seller.
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57 Comments on If I Declined My Buyer Home Inspection Can I Sue?
This raises some interesting questions.. and I wonder if it varies from state to state. If the seller doesn't disclose a material defect and they have a duty to disclose it.. it would seem whether or not a buyer has a home inspection is not relevant.... I do always advise buyer have a home inspection ... and have never had 1 buyer in 15 year fail to do so.
I always advise clients to get a home inspection. I have only had one who turned me down. He felt he could conduct his own inspection. He didn't have any issues come up but he certainly could have.
Bradley:
As Gene, #1, said, in California if the buyer declines to have a home inspection they must sign a waiver. That protects me, the buyer's agent, from the buyer coming back and accusing me of failing to suggest a home inspection to the buyers.
Buyers can sue for anything. They should consult an attorney who can advice them. We should advice them to get the inspection.
I've had a case like this where the home warranty did not pay for a problem since it was a pre-existing problem that the buyers did not address. (No inspection - No walk through, etc.)
In Texas, they sign several forms telling them FOR YOUR PROTECTION, GET A HOME INSPECTION. But as you know, they can still sue if they really want to. But they can't say that they didn't know!
You are absolutely right - peace of mind and protection! Sometimes we hear that agents cannot get their clients to budge from the attitude that they do not need an inspection. It can be difficult to convince someone who is dead set on not having the inspection. Although, we cannot fathom why a client would think it was a good idea to "assume" the house has no issues whether minor or major that need to be addressed.
I always thought that might be the case, but I am not an attorney.
Dave: I am in total agreement. Thank you for your comment.
Sandy: It is part of ours but still buyers and agents are not diligent enough.
Eric: Yes demanding is more like it and it's one of the only warranties worth getting.
Erica: Thank you for the kudos. Its not the questions that bothers me, it's the hassel that they want to accuse others of their irresponsibility
Joy: My point exactly. And at what price to you, taking time away from generating business.
Kathy: I couldn't agree more.
Ed: It still seems history always repeats itself with individuals who think it won't happen to them.
Getchen: They hire an expert then not take their advice.
Christine: Yes except some of our clients lack that word called "Sense".
Joan: Well it could be possible the seller per chance never had the two different level faucets on at the same time to the defect was not discovered. You obviously are doing a great job educating your buyers.
Tammie: Well in the XX number of transactions you may have had those are good odds. Good Luck in 2012.
Evelyn: Declining the waiver does not prevent them from thinking they can still sue agent, seller etc, just gives as peace of mind that we reviewed and documented the declination.
Gita: The buyer did consult the attorney who wisely told them sorry, you will not have a case. Thanks for commenting.
Gabe: Well there's a first. Thanks for commenting on the case of a warranty not covering certain issues.
Joni: I might have to use this little ditty in my presentation for buyers. Thank you for your comment.
David & Bonnie: It's like a warranty on a new car, if it did not come with a warranty you are darn straight I would buy one.
Don: Well neither am I, and that's why I don't practice it.
The issue shouldnt be who to sue the seller, re agent, inspector, etc. The problem is that the whole industry has conditioned people to not accept any responsibility for the home they are buying, when you buy a new home there should be risk as there is in all of life, to always deflect blame is turning us into a bunch of irresponsible sue happy children.
And in this particular instance it is not even a defect, sounds like a house pecurliarity, water presure drops off when too many facets are turned on, most people would just learn to deal with this, as the previous residents did.
So instead of playing CYA, tell your clients to be responsible for their own purchase and grow up!
Buyers who decline an inspection sign a form stating that I recommended a professional home inspection. But in my state I am not sure this would afford much protection.
Nothing protects all parties involved like a thorough home inspection. It's always best to have all the cards layed out on the table! A quality home inspection is never expensive, it is priceless!
Bradley, I continue to be amazed when I hear and see stories like this. Whenever I get a buyer that doesn't want to pay the money for the inspection I give them scenarios of what can happen and how the cost of an inspection is a drop in the bucket for what they might end up paying for down the road.
Bob: You hit it on the nail with responsibility and peculiarity.
Doug: It's the only protection they currently have.
Steve: You are correct unfortunately most people want to nickel and dime their way through a home purchase.
Paula: I agree, they will pay one way or another. Thanks for stopping by.
Brad, Great post.
Inspections should always be pat of a buyers purchase. In some cases a buyer will want to pass on an inspection and a waiver of inspection should be a common practice not only to cover yourself (the agent and broker) for liability but to make sure that your client truly understands that they are waving their opportunity to inspect the property. As agents we should make sure we are educating our clients!!!!
Great Post Bradley
Congrats on your first featured blog on activerain.
Everyone at REMAX Custom is very proud.
Nice blog post Brad
Goes to show why every buyer should always get an inspection.
Mike: Point well taken.
Laurie: Always is the key word there Laurie, thanks for stopping by.
Bradley, congratulations on this well-deserved featured post! It's a great scenario you described and I hope buyers who are thinking of skipping the home inspection find this post or one of its re-blogs. :)
Leilani
Leilani: Thank you for the kudos. We can only hope to educate all buyers in this area whether they are out clients or not. There are some people out there who may not have our same morals.
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