Another Inspection?! What to Consider When a Buyer Requests Multiple Inspections

Most Buyers know that during the inspection period, the Buyer typically conducts a general home inspection. But what if the Buyer wants to conduct additional inspections, such as for mold, pests, termites, etc.? A general inspection may look for some of these items, but when the inspection indicates a deeper problem? It is likely that a cautious Buyer may want another expert to come in to provide more information. 

Imagine this, the Buyer has five days left in her inspection period on the AS-IS FAR/BAR contract, and she has already conducted the first general inspection. The general inspection found pest droppings and dead termites, so the Buyer would like to hire a pest inspector to come out and inspect for rats and termites. The holidays are quickly approaching and the Seller is becoming frustrated with having to accommodate all of the scheduling. However, the Seller agrees and the inspections are completed with no issues found. Now there is one day left in the inspection period, and the Buyer wants to go back to the property again for a final look.  The Seller is packing to go out of town for the holidays and doesn’t want to be interrupted again, but unfortunately, the Seller has to allow the Buyer to conduct the additional inspection and complete it to her satisfaction.  

How many inspections do I get? 

As evidenced by the above scenario, Sellers sometimes don’t want to repeatedly let the Buyer into the property for multiple inspections. However, suppose the Buyer is using an AS-IS contract and is within the inspection period. In that case, the contract allows the Buyer to conduct any “inspections of the Property as Buyer shall desire.”  

Conversely, if the parties are using the Standard FAR/BAR contract, the Seller only has to provide access for the Buyer to conduct “General”, “WDO”, and “Permit” Inspections. Following a general inspection, Buyers occasionally want to conduct additional follow-up inspections for items such as mold or vermin. However, under the Standard contract, without the Mold Rider or additional agreement allowing for further inspections, the Seller does not have to agree to allow access for inspections other than those listed.  

What if my Buyer wants more than one inspection? 

If you are working with a Buyer whom you know will want to conduct multiple inspections, there are a few things to keep in mind: 

  1. Use the AS-IS Contract so the Buyer can conduct any inspection they want within the inspection period. 
  1. Make the inspection period long enough, so the Buyer has sufficient time to complete all of their desired inspections.  
  1. If possible, schedule the inspections on the same day or coordinate with the Listing Agent to determine what day and time works best for the inspections. The Seller has to allow the Buyer to conduct the inspections under the AS-IS contract, but cooperating with the Seller and Listing Agent can never hurt! 

Contact your local trusted real estate attorney if you have questions about inspections and the Buyers options under the contract.   

Sincerely, 

Jill Bowen, Esq. jbowen@berlinpatten.com  

Jill focuses her practice on Residential and Commercial real property transactions.  

Did you find this real estate law content useful, but need actual legal counsel?

Speak to a real estate attorney!

No results found

Menu