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Re: Re-inspection wording
I'm posting below the language from CAR's (California Association of Realtors) sales contracts regarding repairs/replacements. Both contracts are basic throughout CA and either one is used which truly takes care of any responsibility of a home inspector being "required" or even asked to go back and bless somebody's corrective work. I suggest all home inspectors check their state's RE sales contracts for similar language.
CALIFORNIA ASSOCIATION OF REALTORS® Residential Purchase Agreement
Form RPA-CA (revised 10/0210. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller’s expense may be performed by Seller or through others, provided that the work complies with applicable Law, including government permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of receipts and statements to Buyer prior to final verification of condition.
CAR CONTRACT – RPA-CA, page 4: Item 10. Repairs:Any repairs, including those under the pest control paragraph or any repairs agreed upon by the seller are to be done with permits and in compliance with building codes and completed before buyer’s final verification of condition. Work performed at the seller’s expense may be performed by the seller. The buyer is given permission to enter the property for work to be performed at the buyer’s expense. The seller is required to get receipts and provide them to the buyer.
PRDS* REAL ESTATE PURCHASE AGREEMENT
(THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. READ IT CAREFULLY) 12 – A. Condition of Specified Systems of the Property: (1) Roof/skylights (not including gutters) shall be free of leaks; (2) Built-in appliances, plumbing, heating, air conditioning, electrical, solar, security/alarm, water, sprinkler, sewer/septic, and pool/spa systems, if any, shall be operative (“operative” shall mean that the appliance or system meets its basic intended function but may not operate as if new or satisfy current building codes); (3) Plumbing systems, shower pans, and shower enclosures shall be free of leaks; (4) Chimney and fireplaces, including dampers, shall be operative and free of structural defects; (5) All broken or cracked glass (excluding seal-failure of multi-paned window/skylights shall be replaced.
[B & C not significant to Home Inspectors]
13. REPAIRS/WALK-THROGH INSPECTION: All repairs shall be made prior to Close of Escrow by a licensed contractor, using materials of comparable quality (subject to local ordinances), done in a workmanlike manner and in compliance with all applicable building codes and permit requirements. Buyer shall be entitled to a “walk-through” inspection of the property prior to Close of Escrow, not as a contingency of sale, but solely to confirm that all repairs have been completed and that the Property, including landscaping, is in the same general conditions the date of acceptance.
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