Disclosures From the Seller
Although you have toured the property,
looked at the walls and ceiling, turned on the faucets and
played with the light switches, you have not lived in it.
The seller has years of knowledge about his or her home
and there may be some things you want to find out about
as quickly as possible. For this reason, you will require
certain disclosures as part of your offer.
Basically, you want the seller to disclose
any adverse conditions that may have a substantial impact
on your decision to purchase the home. This would include
any problems with the house, whether the property is in
a flood zone, a noise zone, or any other kind of hazardous
area.
If you have an agent representing you,
this is almost automatic, but many states do not require
individuals selling their own home to provide you with this
information. Often they do not require banks selling foreclosed
property to provide these disclosures, either. Obtaining
these types of disclosures should always be a part of your
offer, and time is of the essence.
Property Condition upon Transfer
The last thing you want when you take possession
of your new home is to find it in total disarray. Therefore,
you should always be certain to make it clear in your offer
that certain standards are required and must be met prior
to you taking possession of the property - or you will find
that you may be unable to do or say anything about it afterwards.
Make your conditions known first!
Some requirements you may want to include
in your offer are -
All of the appliances must work
The roof should not leak anywhere.
Any broken or cracked windows must be repaired
Plumbing does not leak and is in good working order
Any additional debris or garbage must be cleared away
Be certain to also specify which fixtures stay like Ceiling
fans, Chandeliers, Draperies, etc..
Inspections You Should Require
Even after having an appraisal and the
standard walk through inspection, you should require that
a professional go through the home and seek out any other
potential problems. Of course, you will have inspected the
home yourself, but you are not used to looking for certain
things or characteristics of a potential problem that a
professional may find.
The seller will want this inspection performed
quickly, so that you can approve the results of the inspection
and move forward with the purchase of the home. Once you
receive the inspection, you will want to allow yourself
sufficient time to review and approve the report. If you
do not approve the report, you may negotiate with the sellers
on which repairs should be performed and who should pay
for those repairs. Otherwise, you can cancel the purchase
without penalty - provided you have included reasonable
time allotments for the repairs to be performed satisfactorily
in your offer.
Final Walk Through Inspections
Before your closing, it is recommended
that you revisit the property to ensure it is in the condition
you have required in your offer (all appliances are still
intact and in good working order, etc..), and to inspect
that any required repairs have been performed per any previous
agreement (if applicable) this is referred to as a "Final
Walk-Through" Inspection. You should do this no sooner
than 1-3 days before you intend to close on the property.
Be sure that this right to do a final inspection is included
in your offer to purchase the home to protect yourself and
your interest in the subject property.