Home Inspections and Residential Sale Agreement Negotiations - What to expect during the Inspection Contingency Period

In this blog I’ll provide a basic overview of what happens during the home inspection contingency period and some of my thoughts about negotiating the terms of repair addendums.  

Buyer Beware

When it comes to real estate, Oregon is a buyer beware state. Due diligence  is required of the buyer. Buyers agents can and do assist in the due diligence process, but ultimately the responsibility falls to the buyer. A typical buyer isn’t an expert on real estate and home repairs. Consequently, most buyers here will hire home inspectors to learn about the home they are considering purchasing. The buyer’s agent will be valuable in determining which issues are worth taking issue with and pursuing negotiations appropriately with the seller’s agent. 

Pre Offer Negotiations Mindset 

Keep in mind that the initial offer is the first opportunity for the buyer to attempt to negotiate with consideration to the seller’s asking price, motivations, seller's disclosures and any readily apparent issues they might have noticed about the property during a showing or open house. For instance, if there’s visible evidence of lifted or missing shingles on the roof, or a huge puddle of water on the kitchen floor from a leak in the ceiling, or cracked sidewalks, the buyer may not want to offer full price. Credits towards repairs or price reductions can be requested in the initial offer. Of course, the buyer may not get their offer accepted, but it's quite difficult to negotiate on those obvious  issues after making an offer that doesn’t address them upfront. 

Issues that come up in discovery, such as mold in the attic, or an old underground leaking oil tank, or dry rot in the posts of the foundation, are usually worthy of an attempt at negotiation. 

Sellers Disclosures

When a buyer makes an offer on a home they will typically have received the Seller’s Disclosures document, read it,  initialed it and included it with their submitted offer. The seller’s disclosures provide information about material defects known to the seller. 

One exception to this scenario is when a property is held in trust and the sellers have insufficient knowledge of the property because they haven’t inhabited it, and are therefore not required to provide sellers disclosures. 

Home Inspection Contingency Period, General Home Inspection, Specialized Inspections, Contractor Inspections & Bids

If the buyer desires a home inspection to be performed, part of the sale agreement will outline the scope of the inspections and determine an Inspection Contingency Period. If inspections are agreed upon between the buyer and seller, the sale will be contingent upon the completion of the inspections. The inspections are performed within an agreed upon time period, typically ten days from offer acceptance, but the terms of the inspection itself and that timeframe can be adjusted. All negotiations based on inspections must be completed and changes to the contract agreed to before the end of the inspection contingency period for the transaction to continue. 

Let’s get into what kinds of inspections typically take place. 

1. General Home Inspection - this is exactly what it sounds like. A certified home inspector is employed to examine the home from top to bottom, in a general manner. They will provide a report that outlines the general condition of the home. In this report, they may suggest that additional specialized contractors or inspectors be brought in to further investigate potential issues that the home inspector isn’t qualified to make  assertions about. Examples might be along the lines of - “roof shows wear and tear and appears to be at the end of its life. Black spots found in the attic that appear to be mold growth. Recommend examination by a licensed roofing contractor and mold remediation specialist”  or “Portland maps shows the existence of an underground storage tank with  no record of decommissioning, recommend examination by a qualified environmental inspector to locate the tank and determine its current status..” The cost of a home inspection will depend on the individual inspector's pricing model and is frequently determined by the size and location of the home, how many buildings are on the property, etc. It’s common for the buyer's agent to recommend and book the inspector's services. However, a home buyer is perfectly free to shop home inspectors themselves and arrange the details of the appointment. Home inspectors will usually ask if the buyer is available to attend the inspection and the subsequent briefing on their findings. They will usually provide both printed and digital versions of the inspection for the buyers and their agent to review. A general home inspection can usually be set up within 48 hours of an accepted offer, but that will depend on how busy the market is.

2. Specialized Inspections - these are inspections that may fall out of the scope of the general home inspections. Examples might include a sewer scope, radon testing, underground storage tank location; including cesspool, septic or oil tank location, soil contamination tests, infrared camera inspections, drone footage, etc. Some of these inspections fall under the category of “Invasive Inspections” and must be agreed to by the seller explicitly. An example of an invasive inspection might be having a toilet removed to provide access for a sewer scope because a sewer cleanout can’t be located. Again, the costs to the buyer for these services will vary and either the buyer's agent or the buyer can make the arrangements for the inspections. The buyer will own the inspection reports provided by these specialists as well. Note that in Oregon, most sellers are obliged to have out of service oil tanks decommissioned and provide proof of the decommissioning to the buyers. For more info on oil tanks for buyers and sellers, from the State Of Oregon, visit this link Oregon DEQ

3. Contractor Inspections and Estimates: Specialized contractors may be brought in to assess the scope of and provide cost estimates of repairs when the general home inspector finds potential issues. Plumbers, Roofers, Mold Remediation Specialists, Structural Engineers, Electricians, Flooring or HVAC Contractors, etc. might be involved. Many contractors offer free estimates, but not all of them. Some will require a fee if they are aware that the estimate is desired as part of a real estate transaction. The buyer or the buyer's agent can make arrangements with the contractors. If there are fees involved, the buyer should expect to pay them. 

Post Inspections - Negotiating A Sale Agreement Based On The Findings Of Home Inspections and Contractors Estimates

If the inspection report was particularly intense, the buyer may request that the inspection contingency period be extended to allow more time for additional inspections or contractor bids. 

Once the  inspections are physically completed, and before the inspection contingency period ends, the buyer has the option to attempt to renegotiate the terms of the sale agreement based on what they discovered during inspections they’ve had performed. The buyer will submit a repair addendum or addendums to the contract, to the seller, requesting their desired changes to the agreement. 

For instance, let's say a roof is found to be in need of repair because there are leaks into the attic. A solution could be that the sellers agree to have the repairs completed to the buyers satisfaction before closing. Sounds good, but this option could have ramifications for the buyer and seller. What if the buyer and seller disagree on which company to hire to have the repairs taken care of? What if a roofer can’t be scheduled before the closing date? Adjustments to the closing date or a price reduction may be in order. Or, perhaps the seller would provide closing credits, allowing the buyer to divert those budgeted liquid funds to the roof repairs after closing. 

If the buyer and seller can't agree as to how these issues will be addressed by the end of the inspection contingency period, they may elect to terminate the contract with no penalties, having their earnest money deposit returned in full. 

Once the inspection contingency period is over, if the buyer decides to go forward, and all of the inspections and negotiations have taken place, the transaction will continue towards closing. 

If you’re thinking of buying or selling a home, I hope this information is helpful in your process. As always, my door is always open to talk about real estate. 

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Sam Densmore/Realtor/Inhabit Real Estate /September 6, 2024