The blog post on home inspections and the home inspection contingency that I posted on May 29th has been receiving a surprising number of views (for one of my blog posts, anyway). Apparently this is a real estate topic which generates a large number of online searches for answers to questions that folks have about the home inspection process. I don't know if the searchers ever found the answers that they were looking for, but thanks to the stats section of my website, I do know the questions that they were asking.
When I access the stats for my website, one of the things I may view is the actual queries that visitors typed into their search engine of choice that ultimately lead them to my site. On the average, two searches relevant to inspection issues a day have been bringing visitors to my blog post. Besides the expected searches for "home inspection contingencies", "negotiate home inspection contingency", "as is inspection contingency", "home inspection deadlines", etc., here are some actual and quite specific queries typed into the search box (usually Google) that recently brought people to my blog post:
"does seller have right to see home inspection"
"what does it mean if buyer does not submit inspection report to seller"
"what does seller shall not have right to cure"
"after home inspection, who talk to seller"
I find these specific questions interesting as such questions reveal the depth of understanding of the topic by the questioner. I believe my blog post covers the topic quite well, but it never hurts to review and reinforce, so let's go over them quickly.
But first, a caveat: My answers are based on an offer to purchase written using Wisconsin's WB-11 Residential Offer to Purchase with no modification of the pre-printed language. As always, the language of the actual contract, whatever it may be, controls.
1. "does seller have right to see home inspection" If, by this question, the writer is asking if the seller has the right to be present during the home inspection, the answer is "Yes" as the seller can't be compelled to leave their home, but the seller can do nothing to interfere with the home inspection process. Or more likely, if by this question the writer is asking if the buyer has to provide a copy of the inspection report to the seller, the answer is "Yes" if the buyer is delivering to the seller a notice of defects. Otherwise, no.
2. "what does it mean if buyer does not submit inspection report to seller" If the buyer does not submit the inspection report and a notice of defects within the required number of days after acceptance, the contingency is deemed satisfied
3. "what does seller shall not have right to cure" The seller either does or does not have the right to cure. The provisions of the contract determine which is true. Curing refers to correcting the defects in a good and workmanlike manner and delivering to the buyer a written report detailing work performed no later than three days prior to closing. If the seller has the right to cure, after receiving a notice of defects, the seller has the option to either elect to cure or not to cure. If the seller elects not to, the offer is null and void. If the buyer properly delivers a notice of defects, and the seller does not have the right to cure, the offer is null and void.
4. "after home inspection, who talk with seller" I am not sure what the writer is asking here. In all matters concerning the transaction, the seller's contact person is their listing agent. If the buyer provides a notice of defects and a copy of the inspection report, the listing agent and seller would together review the report and notice and ascertain that the defects listed were indeed defects as defined by the contract and secondly, determine the seller's response to the notice.