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Property Discovery; Your Rights and Responsibilities

By
Home Builder with Jesse Clifton & Associates AREC License #15292
Locally, our standard purchase and sale agreements include a fifteen day discovery period beginning at contract acceptance during which buyers have the opportunity to have a “licensed contractor or other qualified professional inspect and investigate the subject property for possible defects…”

Most buyers opt to have the home inspected by a structural engineer or professional home inspector. While this is a good start, depending on the property, it may be just that; a good start. Standard tests for general structural integrity, energy efficiency, water quality, radon gas, lead-based paint, soils testing, mechanical (HVAC), electrical, domestic plumbing, wastewater adequacy testing, environmental hazards and underground fuel storage tank integrity are all designed to give you, the buyer, a comprehensive overview of the condition of the property.

The costs for inspecting the property are typically done at the buyer’s expense, unless otherwise negotiated in the purchase agreement.

Once complete, the testing or inspection firm will provide you with a written report outlining any defects discovered during the inspection. A repair addendum outlining the requested repairs along with supporting documentation must be submitted to the seller within the contractual discovery period. Although sellers are not required to complete any repairs, as a general rule, sellers will make those repairs deemed necessary by the lender for financing the property. A repair-credit or closing costs credit equal to the cost of repairs is also a fairly common occurrence. If you are not satisfied with the results of any test performed during your contractual discovery period you have the right to cancel the contract and receive a full refund of your earnest money. To qualify for this refund you, or your representative, must notify the listing agent within two business days of receipt of the inspection report.

If you choose not to have the property inspected or if you fail to notify the seller, in writing, of any defects within the property within the 15 day calendar period, it is understood you have accepted the condition of the property as satisfactory.

When evaluating a potential purchase, bear in mind that new construction properties should receive the same scrutiny as existing homes. Reputable builders will provide you with copies of the energy rating certificate (if available) and the building inspections, which show the property has been inspected at every stage of construction from the footings and foundation, framing, mechanical, electrical and plumbing to the final inspection after the home is complete.

The cost of inspections can run from $400-$500 for a simple home inspection to several thousand for a full battery of inspections. When you consider the average price of a single family home in Fairbanks is $221,600 the money spent on inspecting the property is very inexpensive insurance against discovering a major defect after you move in.

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Comments(3)

Kai Lani
RE/MAX Kai Lani - Kailua, HI
RE/MAX
First off, great to have the photos up front on your site as you guys do.  I guess you have a big difference in the real estate market in Fairbanks as opposed to Honolulu.   While you have tons and tons of land, we are so land constrained that the only "land" that is reasonably available is vertical real estate.   Aside from that, the process you describe could be most anywhere I would say.  Keep up the good work and come see us if you make it to "paradise".  
Nov 18, 2007 03:40 AM
Jesse Clifton
Jesse Clifton & Associates - Fairbanks, AK

Hi, Jerry

We do have tons of land but a majority of it is government owned.  A huge portion of the private land is not really all that suitable for conventional buildings.  We have vast tracts of land that are underlain with permafrost or ice lenses which make building extraordinarily expensive. One of the builders I work with is having to drive steel pilings 60' into the frozen ground every 16' for the foundation.  At $1,700 per piling the cost adds up quickly.  The last number I saw put the foundation cost for this particular project at about $35+/- per foundation for the pilings, concrete work and a 'floating' garage floor. 

Nov 24, 2007 08:48 PM
Kai Lani
RE/MAX Kai Lani - Kailua, HI
RE/MAX
Hi Spouses,  Great to learn of your circumstances.   Mthe more things are different, the more they are the same.    I just returned from California where the city boundaries keep moving further and further inland.   That's how they end up with so much overbuilding, but it will only be a matter of time . . .
Nov 26, 2007 06:02 AM