It is a Buyer’s contractual right, and duty actually, to have a home inspected by a professional, licensed property inspector during escrow and prior to removing all contingencies. Lately, however, it has seemed to me that buyers are taking this as an opportunity to attempt to rebuild the property. I believe that we (buyers and their agents) have lost sight of the spirit and intent of the inspection clause.
Most often, the home being transferred is not new construction. As such, it is not realistic to expect that every detail is in perfect condition. From my perspective, the property inspection contingency is in place to protect the buyer from consummating the purchase of a property with “fatal” flaws. What do I consider “fatal”? Structural defects which cannot be remedied to the satisfaction of the buyer would fall into this category (breached trusses, cracked slabs, etc.). In this category I would even place major system components; I continue to believe that a roof free of leaks, an HVAC system in proper working condition, and a home free of health and safety concerns (faulty electrical, for instance) all fall under the category of inalienable rights. What makes me crazy is the silly, cosmetic, ordinary maintenance item stuff that have become routine demands during escrow.
The furnace filter is dirty? The tub could use some caulking? The bedroom door rubs slightly against the frame? Give me a break. I recognize that the request list is not our decision to make (as a fiduciary, we must respond to our client’s concerns and fight to protect their interests), but we do have a duty, in my opinion, to help our clients keep this process in perspective. I have seen many more deals cancel or threaten to cancel over a washer/dryer or a piece of patio furniture than I have over $5,000 to $10,000 in sale price. What I am seeing lately is that the principals literally beat each other up during the contract negotiation phase only to repeat that process during the request for repairs process. I find it ludicrous that someone buying (or selling) a home in the $500,000 to $1,000,000 or more range will make replacement of a window screen, for example, an issue that could potentially derail a purchase agreement.
Remember, our purchase contract specifically says that the “property is sold in its present physical condition as of the date of acceptance and subject to the Buyer’s investigation rights”. Clearly, the “subject to” provision is intended to protect the buyer in the event alarming issues are discovered that would result in the home no longer being suitable to the buyer. So, here is my two cent’s worth on what constitutes important versus petty (not inclusive, of course, but all I have personally witnessed). Alarming: Tree roots growing through crack in master bedroom floor slab; framing truss cut in multiple locations to facilitate addition of unpermitted skylights; furnace emitting dangerous levels of carbon monoxide into the home; furnace with charred components signifying a past fire in the unit; and an extended family of racoons living in the attic (apparently for years) resulting in destroyed insulation, damaged wiring and a whole bunch of hazardous waste. Silly: A tub that could use some recaulking; a ceiling fan mounted too low, a missing drain stopper, anything having to do with landscaping (unless the tree roots are growing through the master bedroom floor), and anything cosmetic. Oh, and for Pete’s sake, if you negotiated an appliance or other personal property item as part of the contract, DO NOT ask the seller to pay for additional coverage in the home warranty policy to cover the item they didn’t want or have to give you in the first place.
Buyers, please keep this fix-it stuff in perspective. Many of the items I see you requesting be repaired by the seller are minor and should be considered part of the agony and ecstasy of home ownership. If you expect a home in new condition, look into new construction but, in that case, expect to buy your own window coverings.
ABOUT THE AUTHOR Kris Berg is Co-Owner and Designated Broker of San Diego Castles Realty. If not-so static web sites are your thing, go here at once where you will find loads of real estate information including homes for sale, market trends, floor plans and more. Kris's hobbies include fencing and spot welding. She likes kittens. 
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WOW…I say this because I have a pretty good idea about what you are referencing. I think it is hard for a realtor to tell their clients what to put on a request for repairs. You are going to be caught in a catch 22 regardless. Too many requests—transaction in jeopardy, too little requests—buyers upset. Bottom line, we have to do what our clients ask, regardless of our ultimate objections to their decisions. I’m pretty sure that you would all have done the same for your buyers if that is what they requested. With that being said, being the agent at the other end of this request is not exactly a fun filled day either.
I agree that we must do what our buyers ask, and didn’t mean to imply that it is the AGENT’s request list rather than the buyer’s, although I still hold that we have a duty to advise on many issues during escrow, this being one. Just wanted to vent a little and share my thoughts on how this whole element of the purchase/sale process has gotten out of control in many cases. Don’t think for a minute I am not living in a glass house here; there have been far too many times that I have delivered a multi-page, nit-picking request for repairs on the behalf of my buyers. Each time, I pounded my fist on the table in negotiating the repair list on their behalf, declaring that the seller MUST address each and every item for all that is good and decent and in the name of humanity, since that is my job.
Guess, like the Daniel Powter song, I just had a bad day. So much for my Call to Arms. (She slinks back from whence she came).
Okay Kris, you did well, except that you have forgotten (or intentionally omitted) the fact that, at today’s prices, buyers expect more. And as the market adjusts downward, sellers are getting a bit stressed out, as well. The value we bring to a successful transaction goes beyond knowing the market, successfully negotiating a purchase price and managing the escrow. It includes MANAGING EXPECTATIONS of the clients. Expectations, I might add, that are heavily fueled by emotions on both sides of almost every deal. We are the arbitor’s. It is our job to calm everyone down and advise them based upon our experience and reasonable expectations.
On behalf of the inspectors, we must also remember that there is so much more liability today (along with the attendant litigation) that we can’t really blame the inspectors. They have strict standards they have to meet and, in attempting to do so, likely try to be more careful, rather than less in calling out the “caulking” and similar minor items.
Having said that, when we are representing a buyer or seller we should try to advise the client of “market norms” which are established from our experiernce. Most importantly, think priorities…do the physical defects adversely affect value and/or are they costly to fix?? Similar to what you said, it’s important for the client to focus on the big stuff (structure, slab, roof, etc.); on health and safety items; on plumbing, electrical and mechanical systems. These are fair game to put back on the seller once revealed through an inspection, particularly since the defect(s) may not be apparent to the average person by simply walking through and viewing the property.
Obvious aesthetic issues such as paint, carpet, grout, caulking, etc. should be considered in the offer price when negotiating the deal, not necessarily at the inspection phase. However, this brings us back to the emotional side of things. If there are items identified in the physical inspection report that are minor, but easily remedied, it may be okay to call them out and it may not be something that a seller will resist correcting, especially in the context of how they would expect to receive their new home when you consider today’s prices.
Just trying to bring a little balance and rational thinking to the discussion (usually your job, Kris).
Slinking back from whence she came, yet again. Insert sad face here.
Kris your making me sad…I knew what you meant in your post. There is just no love on this blog for those who post. You and Steve do a good job of commenting without killing eachother…wanting to kill eachother might be a different story. The thought of strangling Gracie would have came into play. So hats off to the Bergs.
Kris,
While I generally like your comments, I really have to disagree on this one. What you are suggesting only works if there is a uniform standard in place. I have personally suffered through two home purchases where I was given the advice similar to the one in your post and I agreed with the agent. However, when it was my turn to sell, and there were unreasonable or petty requests, my agent told me that the market is tough so I should not refuse to perform any of the requested repairs. My purchase was in the same “tough” market so I felt really cheated.
frustratedtwotimebuyer
Two-timer, Thanks for your comment. Oh the power of the blog! I got a lot of heat for my comments on this topic, and have to say that you are in the majority. You are correct that there is no uniformity in the request process and never will be, in fact, as property condition is an important contingency and will remain negotiable. Your sentiment about “I had to do petty things as a seller therefore I am entitled to request minor items as a buyer” is indeed the conundrum. I was just begging for some common sense in the process. I will now say (after hearing all of the opposing viewpoints on the topic) that I was perhaps…. Wrong. (Wow, that hurt). The flip side to my argument that penny items should not become issues in a transaction involving hundreds of thousands of dollars is that, as a buyer, one might expect penny items to be addressed BECAUSE they are paying hundreds of thousands of dollars.
Thanks for posting, and hope you will feel free to add your 2 cents in the future.
Miss Understood
Two-timer: You are not alone! I have heard this scenario many times over the years – “When I bought, the seller did nothing on the Request for Repairs list and when I sold I had to do everything.” While my previous comment refers to “market norms”, I should clarify/supplement this concept with the reality that the Request for Repairs list is negotiable, SUBJECT TO the personalities of each buyer and seller along with the negotiating skills of their respective agent’s. In reality, every transaction is different to one degree or another based upon these variables. However, at the risk of over-simplifying this issue, please know that in many cases a strong agent can make the difference on your behalf.
Unlike manyagents who have responded here, I do not believe that we are merely a messenger, who takes what the buyer “wants” and hands it over to the seller. I absolutely advise clients with regard to inspection requests. Though I once admired an agent who had the Chutspah to put “laundry room on first floor to be relocated to the second floor” in their list of inspection requests. I doubt the inspector made that recommendation
I have a simple method I have used for many years, where I draw four columns on a sheet of paper and put the inspector’s comments in the respective columns. First column is “Buyer” and includes long term and repetitive maintenance suggestions made by the inspector. Second column says SELLER and lists requests that really must be done by the seller before closing. The third column says SELLER?? and lists items that we COULD request, but are minor and petty and could result in the seller getting so ticked off that the buyer loses all leverage in negotiating the more important column two items, and in fact risks losing the house altogether.
The fourth column says ARDELL and lists items that really are important to the buyer, but not necessarily contractually or reasonable requests of the seller. I list those items ,and offer the repair of those items, as my “House Warming Gift” instead of a big basket of self-promoting crap no one really wants anyway.
Thanks for chiming in, Ardell, and for (I think) defending my honor. Would you consider being my ghost writer?
Henceforth, I too shall have an “Ardell” column during the request stage, and I couldn’t agree more of the “in lieu of crap” idea.
Guest writer…maybe; “ghost” writer…no. It’s a little too “Cyrano de Bergerac” for me
As in all things, I will take what I can get. Thanks again for your 2 cents.
You can really tell who is an agent and who is a sales person here!