If the inspection is not satisfactory, can the buyer back out of the deal?
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UPDATED: Jul 14, 2023
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UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
In addition to everything else, the contract should include an “inspection contingency clause”; that is, what happens if the buyer’s inspection does reveal problems with the property. What happens following the inspection depends on the terms of the contract. Small problems, like leaky faucets, loose light fixtures or doors that don’t close properly can probably be fixed easily by the seller (i.e., solving the problem and basis for objection). More substantial problems, like a defective furnace, a waterlogged basement, or non-compliance with building codes, that can be structural, need more substantial repairs. Although, depending on the terms of the contract, the buyer can often break the deal without forfeiting his/her deposit, there may be a statement in the contract that says that the seller will either fix the problems, or give the buyer a discount on the price of the house in lieu of repairs. If the house is situated on a hillside, and is about to slide off the side of a cliff, the buyer will most likely want to cancel the contract.
See also https://www.freeadvice.com/legal/buying-a-house-why-a-home-inspection-can-save-you-money/
Case Studies: Inspection Contingency and its Impact on the Buyer’s Options
Case Study 1: Repairs or Price Reduction
In a real estate transaction, the buyer includes an inspection contingency clause in the contract. During the inspection, significant problems are discovered, such as a defective furnace and waterlogged basement. The contract stipulates that if major issues are found, the seller has the option to either fix the problems or provide a discount on the house price instead of repairs.
In this case, the buyer can choose to proceed with the deal if the seller addresses the issues satisfactorily. However, if the seller refuses to make the necessary repairs or offer a suitable price reduction, the buyer can exercise their right to back out of the deal without forfeiting their deposit.
Case Study 2: Structural Integrity Concerns
In another scenario, the buyer’s inspection reveals severe structural problems with the property. For instance, the house is situated on a hillside and is at risk of sliding off a cliff. Given the gravity of the issue and the potential safety hazards, the buyer decides to cancel the contract.
The inspection contingency provides the buyer with the option to terminate the deal and recover their deposit due to the unsatisfactory condition of the property.
Case Study 3: Minor Repairs
During the inspection, the buyer identifies minor issues such as leaky faucets, loose light fixtures, and doors that don’t close properly. These are considered easily fixable problems that do not significantly affect the overall condition of the property. In this case, the buyer may request the seller to address these issues before proceeding with the purchase.
If the seller agrees to rectify the minor repairs, the buyer can move forward with the transaction. However, if the seller refuses to make the repairs, the buyer can choose to terminate the deal based on the unsatisfactory inspection results.
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.