Given the current market conditions, (where we have a combination of regular sales, short-sales, and foreclosures) there are two types of sales contracts floating around, whether it has a "home inspection contingency" or not. A home inspection could be a contingency (condition) in a home purchase that has to be statisfied (and lifted) when the work is completed.
Pre-2006, there's a high percentage of buyers skipped home inspection because they wanted to win the bid - of owning a house. In Realtor's lingo, at that time agents would tell the listing agents "we have a clean contract." Meaning no contingencies (financing, appraisal and home inspection). However, times have changed since then. Post-2006, home inspection becomes the norm again.
Then distressed properties flooded the market. With these kinds of properties, you are buying properties As-Is. There are different consequences to the sales. (disclaimer: am not a legal professional so what am going to discuss here only to illustrate examples)
What is a home inspection?
From our friend at Wikipedia.
A home inspection is a non-invasive examination of the
condition of a home, often in connection with the sale of that home.
This is carried out by a home inspector, who usually has special
equipment and training to carry out such inspections. A home inspection
report is then issued by the home inspector. Many home inspectors use home inspection software.
An inspector will check the roof, basement, heating system, water heater, air-conditioning system, structure, plumbing, electrical,
and many other aspects of buildings looking for improper building
practices, those items that require extensive repairs, items that are
general maintenance issues, as well as some fire and safety issues.
Home owners or home buyers often use a home inspection service before
selling or buying their houses. A home inspector conducts a thorough examination of a home to detect any potential systems or components requiring attention. A home owner receives a detailed report of the condition of his/her home so that he/she can plan for needed repairs and upgrades when it is time to make them.
Here's what typically you find inside a home inspection report:
- structural condition and basement
- electrical, plumbing, hot water heater, heating and air conditioning
- quality, condition, and life expectancy of major systems
- general interior, including ceilings, walls, floors, windows, insulation and ventilation
- kitchen and appliances
- general interior, including roof, gutter, chimney, drainage, grading
In other words, a home inspector only check those 'accessible' areas of the building and is limited to visual observation. Depending on the size of a property, a home inspection may take a couple of hours.
Buying a home with home inspection
When buying a home with a home inspection contingency, your agent will include a Home Inspection and Radon Contingency form. The language is legalese. (we're using regional form for DC-MD-VA jurisdictions, so it's a standardized form)
Basically what it says in the contract: a) you have a deadline to meet or send Seller the report before deadline, and b) utilities have to be on. Make sure you understand the utilities have to be on - covers only when you do regular sales - with a home inspection contingency. Because buying As-Is have different consequences.
Once you do home inspection, now what?
You and your agent will go over the home inspection report and come up with a list of things (part of the inspection) needed to be fixed. Once you and your agent decided what items from Property Condition and come up with a list, your agent will send your request to the Seller via the listing agent. When Sellers received the request to fix some things, they have so many days (you decide) to either: 1) yes, will fix it therefore will counter your offer, 2) no we don't want to, sorry, or 3) we decided not to respond (silence is golden?).
Then what usually happened behind the scene, when Seller responded: Two Realtors representing buyers and sellers - negotiate the deal. And the dialogue goes back and forth until both parties agree to a term/ solution to remove the contingency.
If a Seller decided to give no say, or no respond, then deal is off...unless you're willing to pick up the tab.
The game changes when you're buying an As-Is property. The paragraph from sales contract on As-Is property condition.
The Property is sold in its "As Is" physical condition, to be determined as of the - contract date, date of home inspection, settlement or other. The Seller makes no representation or warranty, express or implied, as to the condition of the Property or any equipment or system contained therein. The Seller will have no obligation to make repairs to the electrical, plumbing, heating, air conditioning, or any mechanical system, equipment or fixture. Smoke detectors will be installed and functioning as required by the laws or regulations or the appropriate jurisdiction. (emphasis added)
Most of the distressed properties on market are for sale under this As-Is condition. For bank-owned or REOs, most likely the properties are winterized (utilities turned off). Reading the paragraph, all the Seller has to do is to make sure that the smoke detectors are on. That's it. Nothing in the paragraph says that the utilities have to be on. If you want to do a home inspection, you will have to pay yourself - to de-winterized the property - so your home inspection guy can come in and do the work.
So, between regular sales and distressed sales - with respect to home inspection - each type of transaction exposes to different risks and consequences. One on hand, when you don't have to do home inspection you save a couple hundred bucks to thousand dollars (depending on the sales price and size of the property) on this expenses. On the other hand, if you want to do it, it may save you thousands of dollars down the road, because you know what's coming ahead - and you can do something about it. Like buying a home warranty.