As the seller of a home, do you have to read the buyer’s inspection report if the buyer presents it to you? No, you don’t.
And if you are a seller represented by the Crossland Team, we advise that you don’t look at or read a buyer’s inspection report because we don’t want you getting stuck with someone else’s inspection report, produced by an inspector you don’t know and didn’t hire, and which you’ll then have to staple to the back of your Seller’s Disclosure notice if that buyer flakes out and terminates the deal. Then all your future prospective buyers will read that report, for better or worse, and it’s best to not let that happen.
Not all Realtors subscribe to this “I don’t want to see it” philosophy. We sometimes catch flak for this from buyer agents who want to leverage inspection report items to gain price reductions during inspection periods, and they sometimes become angry when we inform them that our seller doesn’t need to see or want to see buyer’s inspection report.
Why not just look at the report?
Section 7 of the commonly used TAR Seller’s Disclosure Notice asks sellers:
Within the last 4 years, have you (Seller) received any written inspection reports from persons who regularly provide inspections and who are either licensed inspectors or otherwise permitted by law to perform inspections? lf yes, attach copies and complete the following:
Most Seller’s Disclosures say “No” on Section 7. Once you receive your buyer’s inspection report, and if the deal craters, you have to change section 7 to “Yes” and attach the report you received, whether you agree with the findings or not, and no matter what mis-characterizations and false assumptions the report might contain. This opens a huge can of worms and can affect the answers you must provide in other parts of the Seller Disclosure.
Additionally, you are already under contract for an agreed price, as-is, and there is nothing in your Texas sales contract that requires you to make repairs (unless specifically written in the initial contract) or look at buyer’s inspection. Buyer has an Option Period, usually 7 to 10 days, to examine the property and conduct whatever other due diligence buyer deems appropriate. During this Option Period, the ball is entirely in the buyer’s court. If the buyer does not terminate prior to the end of the Option Period, the deal continues unchanged.
In almost every deal, however, buyers come back and seek a price adjustment based on conditions that were not factored into the agreed contract price. These range from small and reasonable adjustments to hysterical and ridiculous demands. It is the manner and style in which these adjustments are calculated, communicated and resolved that reveal huge differences in real estate agents and how we advise clients and conduct negotiations. Is there a “right” way and a “wrong” way to go about this? I believe there is.
Yesterday, September 1st, I walked through a rental property in South Austin that had been vacated the day before. I had my Flip Mino Video Camera with me so I decided to make a short video of the walk-through and share a few things about what I look for when walking a vacant rental property after a tenant move out.
The result is one of the worst videos I’ve ever seen. I have no idea what I’m doing, or how to make a good video. I move too fast, muddle my words, don’t hold the camera steady, etc. I look like a dork and sound stupid. My Inner Critic is telling me to forget it, don’t post it. It’s terrible. Learn some video editing first. But if I wait until I know what I’m doing, it will never happen.
I have the camera mainly for vacations and recording family stuff, but I’ve thought for a while now that it might be fun to start making some video blogs, so this is what I’m starting with, for better or worse.
Here goes …
If you wonder what it’s like being a landlord, you’ll find it interesting (if you just watched the video) that the tenant emailed me the same day, after not following the instructions provided for returning keys, and stated in the email, “I spent a lot of time cleaning the house. I hope it was up to your standards.”
This is why I don’t allow tenants to walk through properties with me, or meet them for move-out walk-throughs. There is too big of a disconnect between what I observe and what a tenant deems to be acceptable. For more on that, read my past article “Why I Never Do Move-out Walk-throughs with Departing Tenants”
Back to video making and why I decided to go ahead with my first rough draft right out of the gate.
Read more …