Posted by Pops1532 on September 21, 2010 at 08:32:30 from (71.239.11.176):
In Reply to: OT. Home inspections posted by Leroy on September 20, 2010 at 19:41:03:
In Illinois a seller has to disclose any known problems.
I'd be very surprised if the seller's agent has to disclose the buyer's inspection report to anyone. The buyer paid for that info. It's up to other potential buyers to pay for their own inspections! Of course once the seller reads the report those problems become "known" and need to be disclosed to future buyers.
The selling agent should only deal with one person in the seller's family...the executor.
The offer to purchase contract can contain any wording the buyer chooses. Often times this will include language on how problems found in the home inspection will be dealt with. A seller can advertise a property as-is, but if they sign a sales contract that says they must repair problems found in a home inspection, the as-is caveat has no bearing. If the seller wants to sell the property as-is then he should not sign a contract that includes a home inspection contingency!
In the long run its often cheaper to hire a real estate attorney to look over the sales contract before you sign it. Their fees generally run about $400 to around $700 if they also sit in at the closing.
This is how it usually works...
Buyer and his agent write up an offer to purchase contract. This will include the price, the amount of earnest money, contingencies dealing with the sale of their current home, ability to obtain financing, and how problems in the home inspection report will be handled (repaired by seller, price adjusted, or negotiated settlement).
The seller then has the opportunity to accept to offer or decline it outright, or counter offer. The counter can include language about the price and/or contingencies.
We don't know what's in the report. All we know is the OP thinks the inspector is incompetent.
I'd be happy to try and help the OP with this if he'd post EXACTLY what the report says and why he disagrees. This sale is probably history but the problems that are in the report are likely to show up in future reports when the next deal is in the works.
So Leroy, how about posting EXACTLY what the report says word for word? These reports generally include pictures as they are a great tool to help people understand what the problems are.
Once you post exactly what's in the report, tell us why you disagree and not that you think the inspector is incompetent. We get that. So he's calling joists trusses. People use the wrong terminology all the time. That doesn't mean there's not a problem with the joists. What EXACTLY did he say the problem was? And why EXACTLY do you think its not a problem?
I recommend NOT signing a dual agency contract with your agent. By definition the selling agent represents the seller. It is not in the seller's best interest to have their agent also represent the buyer.
As much as I dislike dealing with lawyers I strongly recommend that sellers at least talk to a real estate attorney before they list a property.
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