by Kathryn Whitehead, Associate
In this day and age where a home is likely the largest investment an individual will make, it is always recommended that a home inspection be completed prior to purchase. Although the law does not require a home inspection in order to complete a purchase, it is likely safe to say that almost all real estate lawyers would suggest one be completed prior to purchase - it just makes sense! Please, do your homework, reduce your exposure, and ensure you are purchasing your dream home problem free.
WHAT IS IT
A home inspection is a process whereby a qualified home inspector comes to the premises and does a visual inspection of the property in question to determine the quality of the workmanship as well as the habitability of the property. The home inspector will generally inspect the house from the roof to the basement and all things in-between. Some of the main things included in the home inspection will be reviews of the plumbing, electrical, water heater, and heating & cooling systems. Possibly the most important thing an inspection will reveal is whether the home was constructed according to local building codes and that it is in good standing, so to speak. In addition to your general home inspection, some home inspectors & inspection companies will offer added services such as water, radon or mold testing for an additional price.
WHO TO GET / HOW TO CHOOSE THE PROPER INSPECTOR
It is always a good idea to get someone who is qualified and experienced to perform the home inspection. Some people think that they can save money by getting a friend or family member (who might even be in the construction industry) to complete these inspections, but this is highly discouraged. The inspector should be neutral, as well as impartial, when it comes to the party requesting the inspection. This way, the inspector will give a completely unbiased opinion as to the actual state of the property and should not have any tendency to ‘sugar-coat’ or ‘down-play’ any defects discovered. Further, a qualified home inspector will carry liability insurance so if a claim is made in negligence, there will be a pool of funds to help satisfy any judgment.
WHY IT SHOULD BE DONE ON ALL HOMES (new & old)
Even if the prospective home is only a few years of age, it is still wise to get a home inspection. If one chooses not to get an inspection on the basis that a home is not very old, the purchaser may end up acquiring something that they didn’t bargain for. Have you ever heard the saying “Caveat Emptor”? In the legal world this means “buyer beware”. It basically is the notion that the purchaser should do all it can within its power in order to ensure that what they are purchasing is exactly what they have intended to pay for, nothing more and nothing less. If the purchaser fails to do their due diligence and a problem arises after the sale of the home, it is possible the purchaser will be out of pocket for the problem themselves. In the event that a home inspection had been completed prior to purchase, it is likely that the defect would have been noticed and could have been addressed in the agreement of purchase and sale.
EXAMPLE
A newly-wed couple purchased a four (4) year old home and decided to forgo a home inspection. Needless to say, this turned out to be disastrous for them in the long run. Although a home inspection was suggested, the couple declined to have an inspector due to the age of the home. Unfortunately, they took possession to their new home only to find it flooded! Ultimately, there was a problem with the brickwork & foundation which allowed water to seep through into the house. This not only caused the couple tens of thousands of dollars in water damage, but the Vendor’s denied any claim for compensation. The opposing lawyer claimed caveat emptor applied and that the Vendors were not responsible for the water damage. Not only did this lead to the clients being out of pocket to fix the problems, but it also meant added legal costs in trying to recover damages from the sellers.
CONCLUSION
I hope I have made it clear how important a home inspection really is. Regardless of the age of the home, or the visual state it is in, an inspection should always be completed prior to purchase. It may cost a few hundred dollars, but it is a small investment that will help protect one of your largest investments and may potentially save you time, money, aggravation and legal costs!