Posted by
Nathan Jordan

Seller didn't allow buyer to review the inspected items together with an inspector in a site after inspection was done.

We only reviewed the items through the inspection report, without seeing in the site. We feel disrespected. Was it acceptable?

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Seller didn't allow buyer to review the inspected items together with an inspector in a site after inspection was done.

By Nathan Jordan   
Posted on Feb 25, 2021 in Topic: Home Inspections
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We only reviewed the items through the inspection report, without seeing in the site. We feel disrespected. Was it acceptable?
Status: Open
Viewed: 966
Asked by: Consumer
Posted: 2 months ago
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Silver
Wendy Johnson
about 2 months ago
Hi Nathan, to my knowledge, particularly durring the option period the seller has to allow the buyer unlimited access to the property (at 'reasonable times' per section 7 of the contract) to conduct their due diligence. Just curious, your buyer wasn't present at the inspections? Was there a valid reason provided by the seller\listing agent? Seller could possibly be in violation but you didnn't provide lots of details with your question. Bes to seek your Broker's advise.


about 2 months ago
Bronze
Carlotta Matejka-Kaldor
about 2 months ago
Nathan, was this during the optione period days, if so that is your time to do inspections, this should have been facilitated by the agents. Did you attend your inspection and review the deficient items at the end of the inspection. Did your agent consult with the listing agent?


about 2 months ago
Bronze
Justin Tobias
about 2 months ago
Good morning Nathan,

If you used the One To FOUR FAMILY RESIDENTIAL CONTRACT when submitting your offer, then paragraph 7 Property Condition, Section A covers your rights to access the property & inspect while under contract. (See paragraph below)
7. A. ACCESS, INSPECTIONS, AND UTILITIES: Seller shall permit Buyer and Buyer’s agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Any hydrostatic testing must be separately authorized by Seller in writing. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect.


about 2 months ago
Bronze
Jenna Horton
about 2 months ago
Good morning. That is a breach of contractin the 1 to 4 family contract, which can allow your buyer(s) out of their contract regardless of if the option period is up. I hope that helps.


about 2 months ago
Gold
James Meador
about 2 months ago
Hi Nathan,

The buyer should have unlimited but reasonable access to the property during the option period, which usually lasts 7-10 days, depending on what the agent negotiated. During the option period, the buyer should be allowed to make as many inspections as necessary to do their due diligence. Usually, the buyer accompanies the inspector during the inspection process so they have a thorough understanding of any potential issues with the property. Were there repairs that needed to be made after the inspection? If so, the completion of the repairs may have fallen outside of the option period. There is typically a 'final walk-through' before closing to make sure all repairs were made to satisfaction by a licensed technician, however, this is not REQUIRED by law, so you could have a problem if the seller won't let the buyer back on the property before closing. Definitely consult the agent/broker and the contract!


about 2 months ago
Bronze
Tracie Benton
about 2 months ago
Hi Nathan,
I would review your 1-4 Family Contract, because during the option period you should have access to the home. Your "option fee" is paid directly to the seller so that you can take the property off the market and hold an inspection on the days you requested.


about 2 months ago
Bronze
Susan Chang
about 2 months ago
The buyer has the right to enter the house during the option period. If the seller worrying about the safety issue, then they should sign a waiving form or a written agreement.


about 2 months ago
Bronze
Juana Garcia
about 2 months ago
On a 1-4 contract you have the right to do inspections during the option period and seller should allow the time to be reserved for the inspections once the option fee is delivered. If the inspections where scheduled the seller should have allowed the process to be finished. I would contact the listing agent and inform the situation to them that the buyer was not able to review the items with the inspector due to the seller not allowing the time to finish the inspections process.


about 2 months ago
Silver
Diane Peters
about 2 months ago
Did the buyer agent do a final walk. To see if work was and did they get receipts to show who preformed the repairs? I cant see where seller could do this and we close no closing g until inspection is done. Sound like something is bei g hide. look out for your buyer.


about 2 months ago
Bronze
Tasha Fahey
about 2 months ago
The question is very vague. Were you and your buyers present at the inspection? If your buyers were unable to be there due to not being in town, I would have at least been there on my buyers behalf, with my buyer and I nspector on FaceTime walking through the repairs that needed to be done. If it was during option period, your buyer had every right to walk through the home during this period until option ended. If the sellers agreed to do repairs before closing, then you and your buyer should have done a final walk through to confirm repairs were completed.


Source:


Single Family 1-4 contract

about 2 months ago
Bronze
Brenda Noble
about 2 months ago
It's unfortunate that the Seller would not allow you access to the property while the Inspector was performing the Inspection. The Buyer and/or Buyer's Agent can be present during any Inspection of the home during the Option Period. The contract states reasonable access should be allowed during the Option Period which usually lasts 7-10 days (but can be shorter or longer based on time negotiated by your Agent). If you were not allowed access, I would be cautious moving forward, this usually means a Seller is attempting to hide information on the property. Remember 2 things: 1) "the Inspector when writing the Inspection report is limited by what can be said" (the Seller or Seller's Agent may be using this fact to their advantage) and 2) "a home inspection is not a pass or fail test. It does, however, open the door for renegotiation. The Seller is not obligated to fix anything, but the Buyer can also walk away if they’re not satisfied."


Source:


Homelight.com/ Corinne Rivera

about 2 months ago
Bronze
Jill Griggs
about 2 months ago
After reading the question I assume the seller is selling their property as FSBO. Further, I assume the buyer does not have a realtor to represent them. Also, it possible the buyer does not understand the contract language in the sale contract that a buyer has due diligence rights . One of the buyer due diligence rights is to review and meet with the inspector to identify issues that were noted in the inspection report. In addition : Buyer does have the right to terminate the contract with seller.


Source:


My source : One to Four Residential Contract ( Resale) paragraph 7 a

about 2 months ago
Bronze
Aracelis Theoc
about 1 month ago
You as a consumer have the option to have the property inspected- onsite with the inspector is the best. What was their "issue" for allowing onsite? COVID, or the timeframe? Keep a good record of the communications and remember you have two years from the transaction to file a claim against the sellers.


about 1 month ago
Bronze
Irena Gorski
about 1 month ago
Hello Nathan, in your question you didn't specify if you were represented by real estate agent and and what type of documents were used for this transaction. Assuming that you were represented by real estate agent licensed in Texas and that PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC) ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE) was used, then according to paragraph 7.PROPERTY CONDITION: A. ACCESS, INSPECTIONS AND UTILITIES: " Seller shall permit Buyer and Buyer’s agents access to the Property at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections. Any hydrostatic testing must be separately authorized by Seller in writing. Seller at Seller's expense shall immediately cause existing utilities to be turned on and shall keep the utilities on during the time this contract is in effect."
According to the above paragraph Seller should give you (Buyer) and your agent access to the Property at reasonable time during the duration of the contract.

TREC rules prohibit real estate license holders from giving legal advice. If you have any further questions regarding this problem, you should consult an attorney.


Source:


https://www.trec.texas.gov/forms/one-four-family-residential-contract-resale-0\n

about 1 month ago
Bronze
Alfred Dunn
about 1 month ago
Sounds like a "red flag" Nathan. When we find items needing further evaluation or testing and the seller doesn't allow, then my clients typically ask their agent about terminating. Make sure to discuss with your representative(s). In an abundance of council is wisdom.


Source:


https://www.bible.com/bible/compare/PRO.11.14\n

about 1 month ago
Diamond
Joe Applewhite
about 1 month ago
Red Flag for sure. The seller should allow this. Depending on how bad the report was, I may decide to run, myself.


about 1 month ago
Diamond
Christopher Dayanand
about 1 month ago
You paid for inspection right? Did you bring this up with your agent?


about 1 month ago
Bronze
Pauline Clement
about 3 weeks ago
Information about broker services can be very helpful during times as these. Knowing who represents whom in a transaction can clarify future concerns. Every buyer should be represented by a buyer's agent of their choice. Once negotiated, during the offer and signed as the contract, during an option period, for which a buyer gives consideration to the seller for, and in the amount of monetary means, a buyer and their personally chosen licensed inspector that is paid for by the buyer should have access to the property. The property should also have lights and water. Should there be repair items discovered by the licensed inspector that need to be negotiated, a buyer's representative can also make sure that entry for a re-inspection of the property and or repair items are done can be accessed to check the quality of the work. In this case, the ball was dropped somewhere. If the inspection was paid for by the buyer, the buyer can decide on giving the seller a copy of the inspection report. In this case, it's unclear, but it seems the seller did their own inspection (?).


about 3 weeks ago
Bronze
Jennifer Johnston
about 2 weeks ago
During the option period, the contract states reasonable access should be allowed during the Option Period which usually lasts 7-10 days. The buyer should also be allowed to make as many inspections as necessary to do their due diligence. One of the buyer due diligence rights is to review and meet with the inspector to identify issues that were noted in the inspection report. In addition: Buyer does have the right to terminate the contract with seller.


about 2 weeks ago
Disclaimer: Answers provided are just opinions and should not be accepted as advice.
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