Home Inspection Requests for Buyers
- Adam Garrett
- Mar 29, 2024
- 9 min read
Updated: Nov 3
Before you make any requests of the seller or request any repairs, be sure to go through the home inspection and seek to identify any items that could negatively impact your home insurance rates if left as is.
Basics:
The Seller May Reject Some or All Items Requested
The seller may reject a number of requests from the home inspection removal addendum, especially those issues that still work & those that the inspector does not consider major/immediate attention items. It usually doesn't hurt to ask though. Sometimes there is back and forth a few times between buyer and seller, so just because they initially say no to something doesn't mean that it's their final word. Sometimes a compromise solution for a repair can be countered back with by you if the seller says no to an initial request. In some cases, a seller is willing to offer a $ credit in the form of closing cost assistance or a price reduction for something that would take a long time or that they don't want to deal with.
Request Qualified Professionals
We'll be asking for qualified professionals to handle items, though I don't recommend that we always go by exactly what the inspector states. To reduce liability the inspector may request a specialist for every job. If the inspector states that a carpenter should do a job, it's typically able to be handled by a "licensed contractor". If there's a very simple electrical matter, a general contractor will be cheaper for the seller to use than an electrician. I recommend that we try to request a general contractor except when specialization is very helpful (i.e. foundation repair, replacing large pipes, termite/moisture work, major electrical work, mold damage, etc.).
In some cases, sellers will respond by requesting that they do some of the work themselves. In those cases, if not provided with that request, it's best for us to request the experience of the seller with those repairs. In 1 prime example of where that can work, I saw where a seller (an engineer that I was representing who wasn't even a licensed contractor) had difficulty receiving reasonably priced quotes from contractors in a timely fashion. 5 items were requested and the seller decided to take care of 3. The seller fixed a leaky dishwasher, replaced a garbage disposal, identified that issues weren't really issues through closer inspection than the inspector for a plumbing boot that the buyers had requested a replacement for, & replaced a bathroom exhaust vent tubing. The only one of those items that I am aware that the seller had any experience with was the disposal replacement. The seller provided assurance to the buyer of the quality of repairs by offering to fund the buyer's reinspection. The seller did a fantastic job, while 2 specialists on the other 2 items had the only problems that came up upon reinspection on the sale. Conversely, in another case, a seller did some plumbing work, only for the problem to get much worse than it already was.
If a licensed contractor is not performing the job, it's typically best to get a reinspection, preferably by the same inspector who did the original inspection. It's also a good idea if the job is too complex or territory too unknown for you to determine if the repair was done rightly.
When is it Possible for Buyer/Seller to Terminate, How the Buyer is Protected from the Seller Terminating Immediately Upon Receipt of Requests, & How Long Should the Seller Response Take?
Often following home inspection contingency removal addendum submission the seller will want to get estimates, sometimes from multiple contractors, and that can take time.
The details vary based on the offer used. With REIN offers and with VAR offers, the buyer is protected from the seller responding to the buyer's requests with a termination notice as long as the default provisions in the REIN Property Inspection Contingency Addendum are used & as long as the blanks are filled in with the VR Home Inspection Contingency Addendum.
A. With the REIN (the primary MLS of Hampton Roads) Standard Purchase Agreement's default provisions, following Property Inspection Contingency Removal Addendum (PICRA) submission, the buyer is able to terminate and release on the 6th day (at 12:00 AM), the seller is able to do that on the 7th day, but nothing happens automatically. Here's how that specific terminology looks in the form as of 3/29/24, reflecting the 7/1/2020 version of the property inspection contingency addendum:
B. With the VR Home Inspection Contingency Addendum, similar provisions are provided, but instead blanks are available to fill in for the # of days. That said, the VR form doesn't allow "reproduction of the form, in whole or in part".
Related:
Most Important Cities/Counties in Hampton Roads for Multiple MLS
(see section titled "What Cities/Counties In Hampton Roads Have High Crossover MLS?")
Different Contract Types in Hampton Roads vs Outside Hampton Roads (VAR) in SE VA
Many elements of contracts vary. Below I'll be mentioning those under 2 categories dominating contracts used in SE VA, though not the only contracts used:
A. The REIN (the primary MLS of Hampton Roads) Standard Purchase Agreement is the primary contract used in these locations:
B. The VAR Residential Contract of Purchase is used primarily in the following locations in SE VA, not including other areas where it's used:
Related:
Most Important Cities/Counties in Hampton Roads for Multiple MLS
(see section titled "What Cities/Counties In Hampton Roads Have High Crossover MLS?")
Resale Disclosure
When you or your heirs sell the house, your agent is required to disclose known material adverse facts. Even if something is currently functioning, it can still be a material adverse fact (i.e. polybutylene pipes and fittings that haven’t leaked yet). Some agents, including one currently on the local real estate board at the time of this writing, have stated that they believe that to mean that the entirety of the home inspection should be disclosed to buyers if you have one. Some contracts explicitly state that the seller is unaware of any code violations.
What to Consider Asking for/Not Asking for
The below are general advice to consider, not mandates that are always true in every situation:
Don't Ask for too Much
If you're asking for 90% of a home inspection, unless you're buying new construction, the seller and listing agent will often think that you are asking unreasonably. Even with new construction, it's possible that they will still think that, though it doesn't hurt to ask as much as it would with typical resale to see what they say. Focus on items in red (or otherwise highlighted as most problematic), sometimes called "immediate attention items" or something similar that sellers and agents typically believe are the most reasonable requests in many cases. I have seen where a buyer asked for tons of items, where I was representing the seller, and I couldn't hold back the seller from flat out rejecting all items to make the sale as is or nothing, where if they had been reasonable, the seller would have very likely responded more reasonably. They were highly offended and keep in mind that personal feelings, including the feeling of being taken advantage of (which the sellers knew the buyers were trying to do to them which I verified with them despite suggesting that they not completely reject their requests), are considerations when dealing with any private individual (vs a bank with a foreclosure).
Don't Ask for Too Little
Sometimes buyers want to be easy on the seller, and their list of requests is less than what I recommend. Sometimes buyers are pleasantly surprised about how many items the seller will agree to.
If New Construction
If new construction, unlike most resale, I typically recommend that we request all repairs or a high % of repairs in the inspection report. The seller may push back on some things, especially if it doesn't violate local code, lender requirements, septic requirements, well requirements, or termite/moisture requirements. Individual new construction properties have more leeway on repairs than new construction communities. Individual properties will tend to do less, but it depends on the builder. On new construction communities, you can often go in with someone representing the builder and identify many cosmetic issues where the builder is willing to do all or the vast majority.
Waive Items You Could Easily Fix Yourself
There are some items that you might be able to fix yourself due to your expertise or due to it not requiring much expertise. Even if you couldn't fix it yourself, maybe you have a family member or close friend who could at a low cost where you trust the quality of their work. If it would take a lot of time, especially if it is an immediate attention item, consider asking for it now and negotiating its removal later in place of something else that you want that might not be an immediate attention item, especially if you think it would be similar or greater in cost than that other item if hired out & a legitimate request that's not overboard.
Consider Waiving Repairs Likely to Be Required by a Later Inspector/Appraiser
If there's something obvious that an inspector or appraiser is likely to flag, that the home is contingent on after the home inspection, especially where the seller has agreed up front to cover it or where your mortgage (if applicable) would be dependent on it, consider not mentioning it in the home inspection requests.
Here are some potential problems with this approach that you may want to avoid:
It's best to ask for likely mortgage required items in the home inspection if you are aware that the seller has an offer that is superior to yours in their back pocket if things fall through with you.
It's best to request these items if you couldn't personally afford to pay for them in the event that they are not flagged as you expect they'll be.
It's best to request these items if you're not requesting anything else, or only requesting a very small amount of things.
It's best to ask for likely mortgage required items if you are using a mortgage & your lender doesn't allow escrow hold backs, with many of the big lenders who are not local not allowing them. It's also best if you couldn't afford that escrow hold back at 50% above the cost of a licensed contractor or other professional (depending on the circumstance) being hired out other than you.
Here are some of the kinds of inspections that you may have a later inspector/appraiser come to your home for that your home purchase might also be contingent on after home inspection:
septic inspector (if applicable)
well inspector (if applicable)
appraiser (if applicable)
termite (Wood Destroying Insect) inspector (throughout VA, but this issue is state/area dependent for some northern states)
moisture (Wood Destroying Organism) inspector (i.e. REIN contracts, not VAR contracts typically)
Request Safety Hazards
Pay careful attention to those issues in the home inspection that are safety hazards, such as fire hazards, electrical problems, tripping hazards, falling hazards, etc. While these can often be found in "immediate attention" items (in some inspections), they are sometimes elsewhere in a home inspection report but are usually included in the summary.
Request Quickly Deteriorating Items
There are some items where, if you don't have them corrected immediately, they will be exposed in such a way where they will be prone to deteriorate at a significantly faster pace than if they were corrected now. These issues, even if not identified as immediate attention items, are very important to fix promptly, whether by the seller prior to the sale or by you or your contractor after the sale.
Request a Home Warranty if Older Items Not Being Replaced
If the seller did not already agree to provide you a home warranty, if there are old items that are near the end of their anticipated life expectancy, some buyers request a home warranty, whether requesting one initially in the home inspection addendum or whether asking for one after the seller says no to replacing something old but functional. Be careful with exclusions on home warranties though. Some home warranties are much better than others.
Consider Requesting Old Items at/Near the End of their Anticipated Life Expectancy
You might consider requesting that items that are near the end of their expected life be replaced. Often sellers and listing agents will push back on these requests regardless of how old something is if it still works. That doesn't mean that it hurts too much to ask. Also, I remember a home inspector saying that a roof had a few years left on it, then within 1 year of a home purchase multiple shingles blew off in a storm and they replaced it rather than trying to patch it 1 year and replace it the next. If the seller is unwilling to replace especially major old components of the house, it is important to count the cost when considering the home purchase.
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