PRIVATE INSPECTIONS
October 23, 2006

Introduction:
Last week we addressed how a VA appraisal can affect the purchase of a home, and that the deficient conditions noted within the VA appraisal must be repaired in order to obtain financing. But what authority does a privately obtained home inspector have? Do all the conditions noted within a home inspection report need to be corrected prior to close of sale?

Question:
True or False? ALL the deficient conditions identified by a standard home inspection MUST be corrected prior to close of sale.
Answer:
FALSE - Please read this answer carefully as I am a professional Home Inspector, telling you that EVERY condition listed in an inspection does NOT have to be corrected. The relationship between the home inspection and the Purchase Agreement is a tricky one, which I will try to summarize in a single paragraph. (For the purposes of this discussion I'll refer to the Florida Association of Realtor's [FAR] standard Purchase Agreement. The FAR / BAR is conceptually similar, but has slightly different definitions.)

Paragraph 8 of the FAR contract lists the systems of the home that are required to be delivered to the Buyer in "working condition" and defines "working condition" as "...operating in the manner in which the item was designed to operate..". Paragraph 8 further lists specific conditions that are considered to be "cosmetic" and defines those as "..aesthetic imperfections that do not affect the working condition of the item". The Purchase Agreement is the legal contract between the Buyer and Seller of the property and defines the transaction parameters. HOWEVER, home inspectors are secured outside of the Purchase Agreement, and often inspectors do not understand their role in the transaction. Therefore MANY inspectors report items that are outside the scope of the contract or mis-identify items that may be legally considered "cosmetic conditions". As the Purchase Agreement is the legal instrument in the transaction, it is the definitions found within that document that govern what the Seller is legally required to repair or correct. My recommendation to all Buyer and Seller Agents is to "know thy contract."

Why is a professional Home Inspector telling you this? Because I am professional. Unfortunately, the State of Florida has yet to provide a licensing requirement for home inspectors, and because of this - there are a lot of unprofessional home inspectors performing inspections and creating unnecessary friction in the transaction. Until the State of Florida establishes a statewide inspection standard, I STRONGLY encourage Agents to seek out professional home inspectors. Professional inspectors who are members of the American Society of Home Inspectors (www.ASHI.org) and / or the Florida Association of Building Inspectors ( www.FABI.org) are the most highly respected in the industry. Both of these professional associations provide guidelines for performing inspections and have a long established history of monitoring member performance - including report review, annual continuing education and a standardized examination. Using a professional inspector may cost a few dollars more, the joy of saving a few dollars will be quickly lost on the agony of a poorly performed inspection. The vendors you recommend directly reflect on your professional image.

Winner:
Chris Lawson at Pelican Real Estate