How and When do I Negotiate the Home Inspection?

By
Real Estate Agent with Baird & Warner Real Estate

 

How and When do I Negotiate Home Inspection Items - asked the buyer

 

. . . who had not yet made an offer on the Wilmette property. 

 

Why the rush to concern yourself about problems that haven’t arisen yet? I don’t home buyerthink all buyers do this - but when that question arises, I know the buyer might not have a clear understanding of the order of things: view home, make offer, sign contract, conduct inspection, discuss items of concern.

 

In the Chicago North Shore area, the contract to purchase a home has several important contingencies that buyers generally request: a home inspection, an attorney review of the contract, and financing.

 

The home inspection contingency calls for the inspection to be completed and notice sent to the sellers (or their agent or attorney) within 5 business days. The contract clearly states:

 

“a) The request for repairs shall cover only the major components of the Real Estate . . . . Minor repairs, routine maintenance items and painting, decorating or other items of a cosmetic  nature, no matter the cost . . . do not constitute defects, are not a part of this contingency and shall not be a basis for the Buyer to cancel this Contract.” 

 

While the contract is clear - there can be a lot of leeway. Why? There are differences in how inspection requests are made or handled depending on where you live, what type of market you have, and the seller or buyer’s flexibility.  

 

A home that sells swiftly and has multiple offers will have few or no requests for repairs. A home that has been for sale for a while in an area experiencing a buyer’s market, can see a laundry list of routine maintenance items that the buyers want remedied. An exasperated seller may acquiesce in order to facilitate the sale.

 

Buyers and sellers also have the option of discussing the inspection with their agent or their attorney (using real estate attorneys to approve contracts is standard, but not required, in northern Illinois.) When I represent a buyer, I prefer to handle the inspection requests agent-to-agent but it’s not my decision. If one party prefers to go through their attorney, then I recommend that my client does the same.

 

So, to answer the buyer’s question as to how and when repair requests are made, the first step is to determine if they are valid requests. They might be “valid” to the buyer at hand, but it’s my responsibility to help them make a reasonable request that has a chance of being considered. 

 

home inspectorIf the inspector deems that the furnace is 25 years old and will need to be replaced in the next few years . . . but works perfectly . . . it would be a hard sell to get them to replace it.

 

So what’s a buyer to do when they can’t recognize that the furnace is older (it might not look bad) and has just a few years left. They’ve already made, negotiated, and signed a contract to purchase at a specific price. My suggestion is to ask for a price reduction - not the full cost - but something less to cover the cost in a few years. The point is, if the buyers had known it was that old, they would have bid less for the house.

 

Some people refer to this derogatorily  as “renegotiating the contract,” which is seen as an unfair practice when abused. When not being abused, it’s fair for the buyer to ask for remedy for repair items that could not be seen or known. 

 

So remember, if you’re buying a home in the North Shore - Winnetka, Wilmette, Kenilworth, Glencoe, Northfield, Glenview, Northbrook, or Evanston:

 

1. You have 5 business days in which to conduct an inspection on the home and respond back to the seller. You may ask for additional time if a more specialized check is done, say for roofing, plumbing, foundation, etc.

 

2. You have an additional 5 days in which to get quotes, or submit a request for repairs or credit to the seller.

 

3.  If the seller does not respond favorably to your request, you may cancel the contract and be refunded your deposit check. 

 

4. If you do come to terms with the seller on repairs or credit, your attorney will make those changes and they will be signed off by all parties. 

 

That’s the way it works in this area and may be handled very differently in other parts of Illinois or other states. Always work with a professional real estate broker who is familiar with the area you are buying or selling - they can also recommend several licensed inspectors to you.

 

 

 

 

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Margaret Goss is a full-time real estate broker since 1998 working in the North Shore communities of Winnetka, Wilmette, Kenilworth, Glencoe, Northfield, Glenview, and Evanston.

She can be reached at:

Phone:  847-977-6024

Email:  margaret.goss@bairdwarner.com

See her full BIOGRAPHY

 

 

 

 

 

 

Posted by

Margaret Goss - Winnetka and North Shore Real Estate Broker
Specializing in homes for sale in Winnetka, Wilmette, Kenilworth, Northfield, Glencoe, Glenview, Northbrook, and Evanston.

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Topic:
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Illinois Cook County Winnetka
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Tags:
inspection repairs
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Rainmaker
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Carol Williams
Although I'm retired, I love sharing my knowledge and learning from other real estate industry professionals. - Wenatchee, WA
Retired Agent / Broker / Property Manager

So many factors to consider, aren't there Margaret?  Every situation is different so it always "depends".

Jul 10, 2019 08:53 PM #1
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Anna Banana Kruchten - Phoenix Homes Sales
Phoenix Property Shoppe - Phoenix, AZ
603-380-4886

Hi Margaret Goss really good post on the inspection process in your state. I do on occasion have people ask to get a home inspection before they make an offer and then I explain why that isn't necessary as our contract has inspection period of 10 days after acceptance of offer.

Jul 11, 2019 01:36 PM #2
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Debb Janes EcoBroker and Bernie Stea JD
ViewHomes of Clark County - Nature As Neighbors - Camas, WA
REALTORS® in Clark County, WA

We also have a  10 day inspection period - and an addition 3 days to get specialists as needed ( such as a roofer or plumber if ) if it's noted in the report. It's the timeframe in our contracts when sellers are the most vulnerable - buyers ability to disprove the inspection is subjective - it can be based on a wall color being wrong. 

Jul 13, 2019 07:46 AM #3
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Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

I think a good rule of thumb when it comes to inspection findings, is to address safety and code issues that perhaps should be negotiated.

Jul 14, 2019 03:21 AM #4
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Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

Hi Margaret:

This is a well-done and important post for buyers in your area. Our process is a little different here but the inspection, and the subsequent Request for Repairs, if done, can sometimes be a source of contention if either party is unreasonable or unwilling to come to agreement, as it no doubt can be anywhere.

Jeff

 

Jul 14, 2019 02:46 PM #5
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Margaret Goss

Chicago's North Shore & Winnetka Real Estate
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