Home Inspection Contract: A General Guide
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Quick Facts — Home Inspection Contract Lawyers
- Avg cost to draft a Professional Services Agreement: $760.00
- Avg cost to review a Professional Services Agreement: $650.00
- Lawyers available: 155 business lawyers
- Clients helped: 137 recent home inspection contract projects
- Avg lawyer rating: 4.85 (37 reviews)
A home inspection contract is a legally binding agreement that enables a buyer to discover any significant problems with a property through a home inspection. The fact that a home inspection can be utilized as a contingency in your agreement with the seller is your first indication that it is crucial. This contingency stipulates that you may withdraw your purchase offer within a certain amount of time without penalty if a home inspection reveals material flaws. If a house allows you to back out of such a big deal, it must have some serious issues.
Options for Your Home Inspection Contract
The buyer may include any one type of home inspection contingency when drafting the home inspection agreement.
- The standard inspection contingency allows the buyer to hire a licensed home inspector to inspect the property and, based on the results, either negotiate repairs or terminate the agreement.
- A contingency with a right to void only or an "up or down" inspection contingency is the second type. This implies that the buyer cannot negotiate for repairs but can still terminate the contract if they are unhappy with what they discover during the inspection.
During either contingency period, the buyer can also conduct additional inspections, such as mold or radon tests and roof, pool, and chimney inspections. If neither of these contingencies is met, the buyer may still inspect their own informational needs (provided the seller permits it). Still, they cannot back out of the deal or demand repairs if they are unhappy with what they discover.
What Happens at the Actual Home Inspection
The buyer, the inspector, and the buyer's agent attend the home inspections.
- If you are the seller, we understand that you have neglected maintenance on your under-contract home, but now is the time to get everything back in show-ready shape! Clean up the dishes, change the HVAC filter, swap out burned-out lightbulbs, and ensure the electrical panel, crawl space, or attic access are all reachable. Now is a good time to install smoke detectors if you do not already have any in your bedrooms, on every floor, or if they do not have batteries.
- If you are purchasing, make plans to attend and pay attention. The inspection can get a bit drawn out because it lasts three hours, but this is a great chance for the inspector to give you information about your new home. If you have kids, it is important to find a babysitter off-site or at a local park so you can concentrate on the inspection.
- The inspector will advise you on how often to change filters, how to maintain appliances, where to find key system access points (like the water shut-off valve), and other cost-effective seasonal maintenance tips. Additionally, the inspector will highlight any maintenance issues or safety hazards that the buyers may wish to bring up with the seller as soon as they buy the property.
Exterior Inspection in a Home Inspection Contract
The inspector will thoroughly inspect the outside of the building. This will entail using a ladder to reach the roof and other areas of the house and crawling into any crawl spaces beneath it.
- Exterior Walls: The inspector will look for signs of missing or damaged siding, cracks, and whether the soil is too close to the house's foundation, which could attract insects that eat wood. But the pest inspector—yes, you should hire one, not the home inspector—will look for real termites and other damage. The inspector will disclose which issues are merely cosmetic and which may be more serious.
- Foundation: The inspector will not be able to directly inspect the foundation if it is not visible, which it usually isn't. Nevertheless, they can look for settling or cracks as secondary indications of foundation problems.
- Grading: The inspector can tell you if the grading properly slopes away from the house. If it doesn't, water may enter the house and cause damage. You should install a drainage system or adjust the yard's slope to prevent this.
- Garage or Carport: To prevent unintentional carbon monoxide poisoning, the garage door inspector will verify that the garage door opens and closes correctly, examine the garage's ventilation system, and determine whether the visible garage framing is present. The inspector will ensure that the water heater if it is located in the garage, is positioned high enough off the ground to reduce the possibility of an explosion caused by gasoline fumes combined with the heater's flame.
- Roof: The inspector will look for areas like loose, missing, or improperly fastened shingles and cracked or damaged mastic around vents where roof damage or poor installation could allow water to enter the house.
Interior Inspection in a Home Inspection Contract
The inspector will thoroughly inspect the house's interior, examining everything, including the cabinets beneath the sink and the ceiling.
- Plumbing: The home inspector will test the water pressure, examine all faucets and showers, and search for obvious leaks. If any pipes are visible, they will also identify the house's type of pipes. If the pipes are old, the inspector might advise a second examination to see whether or not they should be replaced and how much the work would cost.
- Electrical: The inspector will determine the home's wiring type, test all of the outlets, and ensure that ground fault circuit interrupters—which can prevent electric burns, electrocution, and shock—are installed in the kitchen, bathrooms, garage, and outside. In addition, they will inspect your electrical panel for any problems and your outlets to ensure there is no fire risk.
- Heating, Ventilation, and Air Conditioning (HVAC): The inspector will examine your HVAC system to determine the age of the air conditioner and furnace, assess its functionality, and recommend maintenance or repairs. An inspector can also tell you how old the ducting in your house is, if there are any potential leaks if there is enough insulation to save energy costs, and if there is any asbestos insulation.
- Water Heater: The home inspector will determine the heater's age and check to see if it is securely fastened and installed. The inspector will also inform you of its condition and estimate how many years it will last.
- Kitchen Appliances: While not always included in the inspection, the kitchen appliances that come with the house will occasionally be tested by the inspector to ensure they are in good working order. Make sure to find out which ones are left out so you can test them out for yourself if you decide you want to keep them.
- Laundry Room: The inspector will verify that the laundry room has the appropriate ventilation. An improperly maintained dryer exhaust system poses a significant risk of fire.
- Fire Safety: If the house has an attached garage, the inspector will verify that the wall has the appropriate fire rating and has not sustained any damage that would jeopardize it. The smoke detectors in the house will also be tested.
- Bathrooms: The inspector will look for obvious leaks, securely fastened restrooms, sufficient ventilation, and other problems. Moisture can cause wood cabinets to warp over time, and mold and mildew can grow in a bathroom without a window or ventilation fan.
Key Terms for Home Inspection Contracts
- Contingency: A contingency is the possibility of a future unfavorable event, like a pandemic, natural disaster, economic downturn, fraud, or terrorist attack.
- Appraisal: An appraisal is a dispassionate, expert opinion on the value of a home. In-home transactions and appraisals are almost always used and frequently used in refinance transactions.
- Collateral: In finance, collateral is a priceless item that a borrower pledges as security for a loan.
Final Thoughts on Home Inspection Contracts
Depending on the size and location of the home, hiring a home inspector can come at a very different cost. Ask the inspector what they will be looking at and will not be looking at during the inspection. Following a home inspection, you can request that your broker work with the sellers to negotiate any necessary repairs or to reduce the asking price so that you can take care of the issues yourself.
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Meet some of our Home Inspection Contract Lawyers
Samuel R.
My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.
"Sam was awesome to work with, super helpful, knowledgeable, and professional. Highly recommend."
Angela Y.
NJ and NY corporate contract lawyer and founder of a firm specializing in helping entrepreneurs. With a background in law firms, technology, and world class corporate departments, I've handled contracts and negotiations for everything from commercial leases and one-off sales agreements, to multi-million dollar asset sales. I love taking a customer-focused and business-minded approach to helping my clients achieve their goals. Other information: learning to surf, lover of travel, and one-time marathoner (NYC 2018) yulawlegal.com
"Angela is simply phenomenal. Nothing else to say; if she bids on your project, hire her!"
Steven S.
Steven Stark has more than 35 years of experience in business and commercial law representing start-ups as well as large and small companies spanning a wide variety of industries. Steven has provided winning strategies, valuable advice, and highly effective counsel on legal issues in the areas of Business Entity Formation and Organization, Drafting Key Business Contracts, Trademark and Copyright Registration, Independent Contractor Relationships, and Website Compliance, including Terms and Privacy Policies. Steven has also served as General Counsel for companies providing software development, financial services, digital marketing, and eCommerce platforms. Steven’s tactical business and client focused approach to drafting contracts, polices and corporate documents results in favorable outcomes at a fraction of the typical legal cost to his clients. Steven received his Juris Doctor degree at New York Law School and his Bachelor of Business Administration degree at Hofstra University.
"Steven was great! I am stepping foot into an industry that I still need knowledge on and what better way to start and educate myself through it by contacting someone like Steven. He really explains in details and importance for certain procedures and I appreciate that alot. Definitely recommend. Thanks Steven!"
William B.
Attorney based in Southern California (for in-person matters), taking clients globally/remotely for CA-specific and Federal legals needs. Owner and operator of Alchemist Attorney, Inc. (www.alchemistattorney.com).
"Excellent attorney, great communicator and detailed evaluations. Would hire again for independent contractor agreement review."
Jeff G.
Jeff has 25 years of commercial transactional experience within numerous industries, including finance/banking, telecommunications/utilities, insurance, and software. He is a recognized authority on contracts, software licensing and negotiation. Jeff earned his Juris Doctorate from Valparaiso University School of Law and his Masters in Business Administration from North Carolina State University and is licensed to practice law in North Carolina and Indiana.
"Jeff was very responsive through our project. He did what he said he was going to, and achieved the result we hoped for. I would certainly recommend Jeff and his work. Thank you, Jeff!"
Chris H.
Chris H.
As an attorney licensed in California and currently practicing remotely from Ohio, my primary focus is on drafting and reviewing prenuptial and postnuptial agreements. I offer help in drafting or navigating these agreements, ensuring they are tailored to each client's unique situation and needs. While my background includes experience in cybersecurity, my current legal services are centered around family law, particularly in the creation and revision of prenuptial and postnuptial agreements. Additionally, I provide services in wills and trusts, along with other legal areas, to offer comprehensive solutions to my clients.
"Thank you so much for helping me out and being very helpful."
May 22, 2023
Christopher M.
Skilled and experienced business attorney with vast experience in a wide array of commercial contracts. Strong emphasis on the lodging and hospitality practice field, including real estate acquisition and disposition, management agreements, franchise agreements, design & construction contracting and finance.
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