SELLER BEWARE!
Well, now that the contract has been signed, you're a happy seller, right? Hold on, there. An inspection has been requested by the buyer and rightfully so. No one wants to buy a home rife with defects and dangerous problems. So the inspector arrives, pokes around for a couple of hours, says little and goes his merry way. He tells you that he'll send the report within a day or so. Then it arrives. The report from Hell.
Upon first glance, the inspection report makes the seller feel like this house should really be torn down and carted off to an EPA toxic waste dump. You, the seller, can hardly restrain your shock and anger. Calm down. Let's talk.
First of all, remember: just as in any profession, there are good inspectors, mediocre inspectors and people that shouldn't be inspecting at all. Secondly, the reality is that if the buyer is paying three or four hundred dollars for this inspection the inspector has an implied duty to find anything and everything he or she can that's wrong with your home. We all feel like we must earn our money.
Thirdly, and this is the most important point, there are many things in these reports that must be looked at carefully. To wit: the word "recommended" (or "should"). When an inspector recommends something to be fixed or improved this is a suggestion that is not based on a code-required or legal need for something to happen. Restated, there is no law that requires a homeowner in Georgia to bring their home entirely up to current Building Code standards. For example, an owner of a 40 year-old home may or may not have a GFI (ground fault interrupter circuit) outlet in every location in the house that is currently dictated within present building codes. Again, there is no law that the seller, upon sale, must update the home to the current building codes. If a GFI circuit that exists in the home is faulty, then the seller is either morally obligated to fix the problem or provide a financial concession for its future repair, if they choose to. Typically, the seller does, or risks losing the sale.
Some recommendations have little to do with real concerns; e.g.: potential problems about water movement around and away from the house. If there is no clear sign that this specific issue has created water penetration in the structure, you're under no obligation to address this. Normal wear and tear is another area that unless it represents a deficiency that is a danger to the occupant, the seller should disregard the inspector's comments. If the buyer wants a new house, they should go buy one. In short, anything that is just cosmetic but not dangerous or harmful to the structure's integrity, you can forget it, if you wish. Maybe you're a motivated seller and don't think the cost of correcting the issue is worth fighting it. But do know your options.
Inspections that reveal damaged or faulty HVAC (Heating, Ventilation & Air Conditioning) equipment, electrical wiring or plumbing must normally be taken care of. Be sure it's not something that is simply a feature of the changing building codes dictating something that you don't have. If that's not the case, also be aware that some governmental entities do require trades in these disciplines to repair any real deficiency within current code requirements. That's a Catch 22 type dilemma that might not be worth fighting. The nuance here is that intact, properly functioning equipment, wiring or plumbing doesn't need to be brought up to current building code standards but repairs to faulty equipment, wiring or plumbing might very well have to be.
The roof is another favorite target of inspectors. If your roof hasn't been replaced in the last few years, chances are the inspector will look closely for some weakness in the roof system. Yes, there is concern when there is obvious evidence of a leak within the structure. No, typically these problems are very fixable and minor in scope. A piece of step flashing that has pulled away from your chimney can be easily resealed and stop a leak. Just don't let the buyer's inspection report become a mandate to rebuild your home. Make your own inspection or have someone you trust evaluate it for you first. I personally had a ceiling leak that was created by siding on an elevated section of my roof "cupping" from age. I caulked the siding joints and the leak stopped.
Chimneys are often suspect after being used over 30 or 40 years. The damper is less pliable, regular cleaning may or may not have been done and bricks work loose over time. Again, have someone you trust help you make a reasonable evaluation of any issue that a buyer's inspector points out.
In summary, look carefully at the wording used to delineate any issue that an inspector points to. Don't assume that just because it's in the inspection report that you are under any obligation to upgrade your home to current building codes. Heavily discount recommendations as being simply that: suggestions. If it's easy and you want to do it, fine. If some small concession will settle the concerns of the buyer, just do it. Remember that there are buyer's agents who will agree to most of your terms of sale subject to the inspection, which the agent, with the help of the inspector will then use as a bludgeon to bring down the final price of your house to what the buyer wanted it in the first place, usually as is. Yeah, it's a jungle out there.
Good luck.
Saturday, August 9, 2008
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