If I Declined My Buyer Home Inspection Can I Sue ?
Everyone should not insist but demand that buyers get a home inspection. The reason is obvious isn' it? The attorneys are recommending home inspections, real estate agents and even banks do their own.
So why never decline a buyers home inspection and then sue?
Here's a story I heard today regarding declining home inspections:
A buyer found the perfect house- style, (color), location, size, price, amenities etc. They wanted to close asap and took a major shortcut. The closing attorney gets a call 1 month after the buyer moved in and after some home renovations were done. The buyer states when they turn on the water in the kitchen and also in the upstairs at the same time they lose water pressure. Can I sue the sellers? REALLY NOW!
Said Attorney- Knowing agents are stressing never decline a buyers home inspection asks the following questions:
Attorney- You had a home inspection done correct? response "No, we DECLINED the home inspection
Attorney- Ane you were advised regarding declining a home inspection? response "Yes, but we thought we didn't need it".
Attorney- Was this issue on the property condition disclosure statement? response "NO".
Attorney- Did you do a final walk through and turn everything on/off and test everything as in inspector would do? response "NO we didn't want the final walk thru".
Attorney- Do you think you can prove the seller INTENTIONALLY hid this latent defect or knew about it? response "NO".
Attorney- Did you get a home warranty or ask the seller to pay for a home warranty? response "NO we did not think we needed it".
Attorney- How much was the inspection if you did get it? response "$450".
Attorney to original question "If I Declined My Buyer Home Inspection Can I Sue?" response "NO because you didn't think or listen to the one person you were paying to think for you, the new cost of the home inspection is whatever the plumber charges you to fix the problem, plus any new problems that arise iin the future. You see home inspections are done to protect the buyer and are highly recommended for this very reason. It gives you a chance to measure the risk of buying a home from the opinion of an expert. Failing to do a proper home inspection is a risk in of itself. The $450 would have been well spent if there were any issues with the home, you could have ended the contract if the seller did not want to fix the problems. Now the problems are yours because you did not heed the advice of your agent who you were paying to think of these things".
Buyer- Well can't I still sue the seller? response -Attorney's next and final summary "Yes...BUT it will cost you more than fixing the problem yourself because you would have to give me a retainer and there is little to no chance you can prove the sellers hid this possible latent defect or even knew about it. If you can not prove it you could also be responsible for paying their costs"
MORAL OF THE STORY:
Never DECLINE a Home Inspection and then decide to Sue the sellers. The system of checks and balances is there for these reasons and many more:
- Protect the buyer.
- Protect the Seller
- Give the buyer/seller peace of mind
- Home Warranties provide insurance for when there may be something that is missed in an inspection
- Get a home warranty if there is any doubt, inspect the home yourself with the inspector
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.