Sam Richards GRI, Broker/Owner
BRE License #01305588
I'm paying cash for a house, but I am getting inspections on the roof, house,
fireplace, well, and a pest inspection. We have agreed on a sales price with
the seller, but, does that preclude me from asking for repairs or cash for
things I find wrong? P.H. Rio Vista
lot could depend on the entirety of the purchase agreement and how it is
written. On page 2, there are boxes to check for inspections you want done and
who is going to pay for the cost of those inspections. Seeing this, a seller
might surmise that he could be asked to catch up some deferred maintenance. If
you didn?t disclose that you are doing inspections, the seller could presume
you are doing this for your own information, and the agreed price is what he
When the purchase agreement is
written, it defers to being an "as-is" sale by the language on page 4,
paragraph 9, stating the property is to be sold in its current state. Any
deviation from that agreement has to be in writing and agreed to by buyer and
seller; such as a repair order for discovered problems during an inspection.
A pest inspection is handled
separately, with repairs by the seller defined as related to that report; A
Pest Report will have issues found identified in 2 categories, section 1 and
section 2. Section 1 will have wood rot, wood fungus, water leaks, and termites
and/or wood boring beetles, and if any of these are discovered, it is expected
the seller will pay. Section 2 would represent an area that needs paint, or
maybe bushes too close to the house, minor cosmetic issues that are usually
handled by the buyer.
From the time your offer is
accepted by the seller, you have 17 days to complete inspections and review the
reports. If, during those 17 days, you ask for repairs and the seller refuses,
you could quit and get your deposit back. That is rarely the case; these things
are usually negotiated.
If, however, you hand the reports
to the seller and say fix everything, then you are using inspections as a "price
grinder". I've seen buyers get away with this, but mostly sellers will try to
negotiate health and welfare issues to be repaired, leaving cosmetic upgrades
to the buyer. If a home has a lot of deferred maintenance, it needs to be
priced accordingly, or the seller needs to do the repairs.
I believe in inspections, and all
buyers should do them; often issues are brought to light that the seller was
not aware of.
have a 1 year lease, but my landlord has uncovered some things on my
application, after I have moved in, and is now saying that since I lied on the
application that the lease is not valid. I've taken possession, doesn't that
validate the lease? M.M. Walnut Grove
have to have possession before a lease is enforceable, but if the document is
the California Association of Realtors Residential Lease agreement, your
landlord may be right. On page 5, paragraph 38A, the language reads "Landlord
may cancel this agreement (iii) at any time, upon discovering that information
in the tenant's application is false". That also applies to random credit
checks if your score falls below acceptable limits. This action could be taken
anywhere during your lease, and if asked to move and you don't, a court Writ
can be obtained to get a Sheriffs eviction.
I know your mother told you to
tell the truth!
Send your inquires to firstname.lastname@example.org
or visit www.richards-realestate.com
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