Tammy Emineth, Content Marketer, SEO Teacher, Website Fixer (Personal SEO - Website SEO and Real Estate Marketing)

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Rainmaker
439,216
Mike & Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

Mistake #1:  waiving the home inspection...I don't care how hot the market is.  Buyer blew it and the seller does not need to give buyer access for an after-the-fact inspection.

Should the seller give access for buyer to look at the house again maybe to measure for new drapes or look at colors?...sure as that is reasonable.  But only for an in and out in 15 minutes, not a 2 hours comprehensive inspection.

Mistake #2:  Now wanting to do home inspection after contract.  What for?  Is buyer planning on getting their loan denied so they can back out?  Sounds like the buyer is getting nervous.

Can the buyer bring an inspector to the walk-thru?  Sure buyer can bring anyone they want...but what for?  A walk thru is to make sure that the property is in the same condition as when they signed to purchase and did the home inspection.  Does not matter if the chimney has fallen off...because buyer has no documention as to the original condition.

Bringing an inspector to walk thru for a quick opinion is a waste of money, because it will not change a thing...in 3 days after move-in the buyer will know all the problems.

Eve

May 08, 2017 10:41 AM
Rainmaker
906,595
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

The seller does have the right to refuse entry.  We typically approve any inspectors that come in to our listings (seller has the right to deny certain inspectors or vendors) and remove the lockbox after the inspection period.  In California, the buyer can have inspections during their inspection period, after which they are not allowed in until the final walkthrough.  If they waive that period, they're out of luck (although it would be nice to let them in to start planning the remodel). 

May 08, 2017 09:54 AM
Rainmaker
3,815,383
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
"Franklin MA Homes"

well, why did she waive that contingency to begin with!!!  she should have had the inspection "for informational' purposes only.... just to understand what she was buying....

now the seller is thinking she waived that inspection to have her offer accepted and now she wants it to find something and back out of the deal.... 

I suppose the seller has a right to stop all future showings.... the only one she needs to let in is the appraiser.... 

May 08, 2017 10:53 AM
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Harry F. D'Elia
Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

I would bring the posse on that day

May 08, 2017 09:51 AM
Rainmaker
2,372,118
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale - Probate Broker

It depends on what the contract says. Does waiver of inspections also mean they cannot access.  This is a classic case of the power of knowing the contract. Additionally, if there are no provisions in the contract, then when inspections are waived, I would add an addendum to the contract that states buyer shall have access to conduct due diligence on the property. 

May 08, 2017 05:55 PM
Rainmaker
116,988
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

It depends on how the contract is written. Here in Texas buyers can waive the option period (unrestricted right to terminate) in which usually the inspection is done. If that's the case than buyers waive the unrestricted right to terminate the contract.

May 08, 2017 11:15 AM
Rainer
219,315
Ken Jones, ASA, SCGREA
Jones Appraisal Associates - Newark, NJ

Tammy Emineth When a contract says the buyer waives the inspection, the buyer has no right to an inspection of any type at any time, short of their personal final walk-thru.

The buyer just can't do whatever they want after signing a contract that says they won't do something. And, they can't use deceiption to accomplish that, either.

As the seller's agent, I'd be standing at the door on the day of the final walk-thru and would prevent ANYONE from entering, other than the buyer and their agent.

And, if I found out that the buyer's agent was doing ANYTHING in conflict with the contract, I'd have them before the state licensing authority seeking the maximum penalty for unethical and deceptive practice.

May 08, 2017 11:12 AM
Rainmaker
2,155,028
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

My rule is to negotiate and remain reasonable at all times or litigation will settle your affairs. Why go there? Work it out until coe or cancellation

May 08, 2017 10:14 AM
Rainmaker
1,108,004
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

Tammy, the best advice will be the legal advice her attorney will give her.  Please let us know.

May 08, 2017 10:14 AM
Rainmaker
1,265,015
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Area Real Estate

They could do one but you don't want to hear the results nor will repair anything. That's how we do AS IS foreclosures here really. Buyers are often under the mistake that just because they put a contract on a house they have rights. Sorry, you have rights the contract gives you which would be a walk-thru just before close. They have to be sure the house is in the same condition as when they purchased it.

Don't look for drama, it's always there hiding under a rock.

May 08, 2017 10:09 AM
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Mimi Foster
FALCON PROPERTY SOLUTIONS - Colorado Springs, CO
Voted Colorado Springs Best Realtor

In an offer, I will generally say something to the effect of, "While Buyer retains all legal rights to inspections under the terms of this contract, Buyer will not request any repairs, replacements, or financial or other compensation as a result of said inspections." That tends to satisfy the Buyer's "need to know" and give the Seller assurance that they won't be facing more monetary output. 

But your friend is past that, and the Seller's behavior is ornery if not suspicious. Good question!

May 09, 2017 04:47 AM
Rainmaker
1,143,426
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Los Angeles CA

I'm sorry, but the inspections are waived and the seller does not need to agree to any. I'd suggest to bring whatever the buyer needs during final walk through. 

May 09, 2017 01:05 AM
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Debe Maxwell, CRS
www.AtHomesCharlotte.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

I think it sounds fishy too but, would never have foregone the inspection to begin with, Tammy Emineth! I agree with Mike & Eve Alexander on this one. 

May 08, 2017 01:10 PM
Rainmaker
549,902
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

As others have said, it depends on what the contract says.  The seller does not HAVE to let anybody into their personal home except for what is contractually agreed to, which in this case it sounds like it may just be the final walk through.  Since they have an attorney, the attorney can read the contract and let them know what is allowable or not for the seller to do. -Kasey

May 08, 2017 01:08 PM
Rainmaker
1,970,050
Nina Hollander
RE/MAX Executive | Charlotte, NC - Charlotte, NC
Your Charlotte/Waxhaw/Fort Mill Area Realtor

Contracts are often written with wording that says buyer is to have access to the home within reasonable limits and time frames during the contractual period. You need to go back to the contract. If a seller refused access in my area, they'd be in breach of contract. In this case, if inspections were waived, the seller probably has the right to refuse entry for inspection purposes.

May 08, 2017 12:25 PM
Rainmaker
1,253,802
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Tammy Emineth Yes the seller can refuse entry. In your friends case, the seller should have made an exception and let them do the inspection. However if there is something the buyer didn't like in the inspection, there is always a chance the buyer could walk if there are other contingencies in the contract.

May 08, 2017 11:44 AM
Rainmaker
564,040
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

The seller is correct.

The buyer does have clearly specified entitlements. One of those is the walk-through prior to closing. This entitlement does not define 'who' accompanies the buyer.

Be aware, some sellers are subjected to:
Friend needs to see
Person providing down-payment needs to see
Interior decorator needs to see
Need to measure room for furniture
Need to measure for drapes.
Need contractors to give estimates
Home inspection
WDO inspection
Insurance inspection
Septic Inspection
A hug to assuage buyers remorse
Final walk through
Walk through day of closing
Then the 'Who took the ceiling fan I saw in the garage?" at the closing.

Sometimes it is better to draw a close line than to allow the nuts to run the show.

May 08, 2017 10:48 AM
Rainmaker
751,537
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

The seller is right. You waived the inspection and most likely have viewed it.

In here it is done at final walk through making sure there is not anything out of the ordinary. If you bring in an inspector it will not change the outcome. You brag they can keep the deposit and give the home to runner up. In most cases there are inspection reports provided.  

I have a situation the buyer wanted to order another inspection at their cost and hire a lawyer overseeing the work. I declined the request and accepted another one 100K more paid in cash, no contigiencies what so ever.  Too many strong or cash offers.  I will walk away to save some agony since the seller has many buyers to pick from.

 

May 08, 2017 09:59 AM
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Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams fox cities - Stevens Point, WI
Forestland Experts! 715-204-9671

What does her agent and the contract allow.

It could be that the seller is just busy trying to get packed and does not want any disturbance during this stressful time.

May 08, 2017 09:57 AM
Rainmaker
662,405
Thomas J. Nelson, Realtor,CRS,e-Pro
Big Block Realty 858.232.8722 - La Jolla, CA
Co-Host of Mail-Right's: Real Estate Agent Podcast

There are contractual time-frames where a buyer must be allowed in to perform due diligence or the seller is in breach of contract.

Jun 04, 2017 01:17 AM
Rainmaker
14,985
Kathy Recker
Remax Synergy - Littleton, CO
Buyers and Sellers Agent

I don't think its fishy because if the buyer waived inspection, they shouldn't be asking to get in for an inspection.   The buyer does get to have a walk through before closing (in Colorado), and they could bring an inspector I suppose, but he can't really do anything, open furnace, nothing, because if he causes damages, there will be a problem, a big problem.  He could however just walk through with the buyer, or a general contractor, to give a bid or a quote, one good reason to never waive an inspection.  Sometimes I write in the contrat "Inspection for the purpose of checking major components only", meaning roof, furnace, ac, water heater.

May 23, 2017 12:01 PM
Rainer
6,295
Samantha Lorefice
Integra Group Real Estate - Tucson, AZ
Residential Sales, Foreclosure Listings

I agree with Kathleen Daniels, it is all about what is written in the contract. The standard verbiage here, for example, states that the seller make the house available, within reason, to the buyer during the inspection period. And yest, there is a final walk through right before closing. I don't see anything wrong with having inspectors come along for that walk through. As long as they understand that they can't back out of the deal just because they aren't happy wit the results of an inspection done that late in the transaction. If there are issues that they are worried may concern the lender and effect getting a loan, those should have come up during an appraisal. 

Sounds like you have a seller's market and the sellers know that they can play hard ball and the buyers will still stick around and suck it up if they want to purchase a house. 

May 19, 2017 01:30 PM
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Alan May
Coldwell Banker Residential - Evanston, IL
Helping you find your way home.

allright.  Rather than chide the buyer for waiving the inspection, let me answer the question you posed.

Yes, the seller can refuse to let the buyer back in the house for any reason, including measuring for furniture, giving access to vendors for estimates (such as painting, or floor sanding).

Is that a reasonable stance?  Well, the house belongs to the seller up to and until the buyer closes on it... so I guess they can refuse entry to anyone they want except for the final walk-through.  There is a school of thought that suggests that the more familiar the buyer becomes with the house... learning all of its little idiosyncraces, noticing blemishes they hadn't noticed before, the less likely they are to want to close.  So some sellers block entry after mutual acceptance.

Reasonable?  that's in the eye of the beholder, eh?

________

by they way... they COULD have waived the inspection CONTINGENCY, without waiving the inspection itself. Sounds like what they really wanted to do in the first place.

May 17, 2017 11:06 AM
Rainmaker
856,028
Corinne Guest, Managing Broker
Barrington Realty Company - Barrington, IL
The Choice of Professionals

Great answers already and I am late to the party, but as noted in many answers above, the buyer has certains rights per the contract, and so does the seller. Why does everyone try to change what's in the contract, we have them for a reason. Seller is correct. Buyer can do what they like when they own if, for now, contract is GOD!

May 12, 2017 07:23 AM
Rainmaker
2,256,137
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

In our state the contract has in it that the buyers can do a walkthru prior to closing.

 

May 11, 2017 08:38 AM
Rainmaker
2,690,245
Michael Jacobs
Coldwell Banker Residential Brokerage - Pasadena, CA
Los Angeles Pasadena Area Real Estate 818.516.4393

The devil is in the details.  And perhaps residing in that particular Seller's home.   Seriously, it depends what has been written and what has been agreed.   In the current state of California purchase agreement, a buyer can waive the inspection contingency yet still conduct an inspection but won't be able to use that as an "out" for the transaction.  

May 11, 2017 04:21 AM
Rainmaker
843,173
Les & Sarah Oswald
Eastvale Team Realty & Property Mgmt - Eastvale, CA
Broker, Realtor and Investor

First of all, never waive the home inspection, unless the buyer is looking for a total tear down. 

Yes, the seller has the right to prevent entry. 

Home warranty does help as you stated. However, it most likely will not cover if it is determined that it was preexisting. 

May 10, 2017 01:45 PM
Rainer
19,680
Linda Mindock
Dream Town Realty - Chicago, IL
Representing buyers and sellers in Chicago

In Illinois, the buyer has 5 business days after acceptance of a contract to do the home inspection. I tell my buyers that they are the only ones allowed to attend the inspection, no friends, family members etc. I remind them to take a good look at the property during the inspection time since the next time they will be able to view the interior of the property is during the final walk through the day of closing, unless the seller specifically invites them. I also remind them that it is the seller's legal property until the closing is complete and that we have to respect that. Even though we have an inspection waiver form in Illinois, I still would not allow a buyer to waive an inspection. In this case, once the buyer waives the inspection, they have to proceed at their own risk.

May 09, 2017 04:56 PM
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Tammy Emineth
Personal SEO - Website SEO and Real Estate Marketing - Marysville, WA
Content Marketer, SEO Teacher, Website Fixer

Thank you for all your input! That's amazing and such good points!! I believe so far, they are getting a home warranty if they can't get an inspector before closing.

May 09, 2017 10:41 AM
Rainmaker
1,346,779
Sandy Padula and Norm Padula, JD, GRI NMLS#1483386
Realty One Group - Carlsbad, CA
Presence, Persistence & Perseverance

As Mike & Eve Alexander noted. Was she NUTS?

May 09, 2017 07:32 AM
Rainmaker
2,166,796
Richard Weeks
Dallas, TX
REALTOR®, Broker

I would think it would depend if it were covered in the contract.

May 09, 2017 06:19 AM
Rainmaker
3,781,176
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

In Florida, the contract allows the buyer to have access for needed inspections, walk-throughs, etc.  Otherwise, the seller can restrict access.  I think it was a big mistake to waive the inspection, no matter how hot the market is.

May 09, 2017 06:06 AM
Rainmaker
399,841
Nathan Gesner
American West Realty & Management - Cody, WY
Broker / Property Manager

If it's not in the contract, the seller does not have to let you in.

May 09, 2017 05:49 AM
Rainmaker
2,462,642
Tony and Suzanne Marriott, Associate Brokers
Haven Express @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Kathleen Daniels nailed this one!

May 09, 2017 05:15 AM
Rainmaker
590,493
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Yes. Seller still owns it. Buyer evaluated the house when they saw it, and made their offer indicating they weren't worried about hiring a home inspector. Live with it. Do the walk-thru, and if all still looks good, go to closing. They can hire a home inspector after they own it. Nothing fishy about it.

May 09, 2017 04:18 AM
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Praful Thakkar
eXp Realty - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Tammy Emineth - short answer - check the contract.

May 08, 2017 10:00 PM
Rainer
227,789
Mick Michaud
Distinctly Texas Lifestyle Properties, LLC Office:682/498-3107 - Granbury, TX
Your Texas Lifestyle is Here!

Sounds like time to refer to an attorney. 

May 08, 2017 08:12 PM
Rainmaker
3,217,954
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Letiing the buyers iback in for a meansuring session is ok but not for inspections and things that should have been done before in the PA

May 08, 2017 08:07 PM
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Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

If there are no inspection periods stated in contract then seller can say no though that will create illwill and make for a less than friendly closing.

May 08, 2017 08:05 PM
Rainmaker
291,870
Diana Dahlberg
1 MONTH REALTY - Kenosha, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

Depending on your area and what is written in the offer ... is what you need to go by.  But a seller not letting a buyer in ... for any reason sounds a little unusual to me. Just mho.

May 08, 2017 06:53 PM
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Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

In 26 years of real estate I haven't experienced this. The quesation is, is it typical or an extremelt rare occurence.

May 08, 2017 06:52 PM
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Fred Griffin
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

"Waived the Inspection".   Did they also waive the Final Walk-Through?

May 08, 2017 06:27 PM
Rainmaker
1,145,184
FN LN
Toronto, ON

Laws and regulations vary from jurisdiction to jurisdiction.  Refer the buyer to legal counsel to get advice on the specific agreement.

May 08, 2017 06:15 PM
Rainmaker
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Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding and Marketing

Tammy Emineth Mike & Eve Alexander have this one answered. A

May 08, 2017 05:35 PM
Rainmaker
2,338,521
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

If the buyer waived the inspection, they should not now be trying to bring one. I too, would not allow the buyer to bring an inspector to their final walk through. I also do my walk throughs the morning of closing, 5 days is too soon. You want the seller out

May 08, 2017 05:24 PM
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Anna Banana Kruchten,CRS,CRB,GRI
Phoenix Property Shoppe - Phoenix, AZ
Arizona's Top Banana of Real Estate!

It's unfortunate that they waived their right to an inspection. Water is under the bridge at this point. I would not suggest an inspector at the final walk through.  Walk through is simply to see if home is in substantially the same condition as the time of contract - not to inspect in this situation. Sounds to me like the buyer is nervous.

May 08, 2017 04:31 PM
Rainmaker
1,191,356
Wayne and Jean Marie Zuhl
Hallmark Realtors - Clark, NJ
The Last Names You'll Ever Need in Real Estate

Owners have the right to refuse access. I would have the lawyers hash it out.

May 08, 2017 02:32 PM
Rainmaker
2,257,820
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker

The buyer has waived their rights. They are buying "as is-where is"! They have a right to a final walk-thru in accordance with the contract terms. Seller can deny access for an inspection, but it does sound somewhat fishy!

May 08, 2017 02:18 PM
Rainmaker
189,728
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

If the contract does not allow for re-entrance by the buyer, then they cannot without seller approval. But if the contract allows for a walk through, then the seller cannot keep your buyer out without breach of contract.

May 08, 2017 02:09 PM
Rainmaker
504,914
Doug Dawes
Keller Williams Realty - Topsfield, MA - Georgetown, MA
Your Personal Realtor®

Not a good thing to waive the home inspection. The buyer has no right to enter the property, unless specified in the contract, until the final walkthrough

May 08, 2017 01:58 PM
Rainmaker
4,112,448
Roy Kelley
Realty Group Referrals - Gaithersburg, MD
Roy and Dolores Kelley Photographs

You must follow the terms of the agreement.

May 08, 2017 12:26 PM