The Home Inspection Clause

"False glamour obscured the grim truth.”

Right to Inspect
Attorneys write into the sales contract a home inspection clause. This clause gives the homebuyer the right to go upon the property and enter the home with a home inspector of the purchaser’s choice to carefully evaluate and inspect the house that is being sold. This is a right granted by the owner of the property.

  • Before signing a sales contract make absolutely sure your home inspector’s name (i.e. Jeff Pope, John Doe, Jane Doe etc.) is written in the contract.
  • Ask for the “Blacklist” of home inspectors. If your agent claims no such list exists then require of him or her to add “Jeff Pope” to the contract as your inspector and see how quickly things heat up.
  • If the seller, builder, or agent refuses to allow you to hire a home inspector of your choice you are in serious trouble. You should void the contract immediately and look for another agent and house.
  • Be extremely cautious that you do not sign a contract that requires your inspector to belong to a particular association or group (i.e. ASHI, NACHI, GHIA, etc.).
  • The Home Inspection clause is now part of most real estate sales contracts. Below is a sample home inspection clause that could be modified for your particular use:

The sale of this house is contingent upon a home inspection satisfactory to Purchaser. Seller grants Purchaser and ______________ (name of home inspector) the right to enter upon the property between the hours of 7:00 a.m. and 5:00 p.m. for the purpose of doing a thorough and complete structural and mechanical inspection of the home and testing for lead paint, water, water well, septic tank and field lines, and any other tests or inspections necessary and requested by Purchaser. Purchaser has 10 working days to complete the inspection and 7 calendar days thereafter to provide Seller with a list of items to be repaired or replaced. Seller shall have 3 calendar days to respond to Purchaser’s list of repairs. If Seller of agent requires a copy of the home inspection report, a copy will be available only if Seller tenders payment of not less than sum of the inspector’s total fee. Should Seller and Purchaser fail to reach an agreement on repairs/replacements to be made, the contract becomes void. Earnest money and accumulated interest will be returned to Purchaser within 48 hours upon written notification to Seller or his/her agent that contract has been terminated by Purchaser.

The Home Inspection Report belongs to the person who paid for it. Sellers and agents are not entitled to a copy of your confidential property inspection report unless it is agreed to by contract.

If the seller and agent ask for a copy of your inspection report, you have the option to sell it to them for what it cost you or not give it to them. Watch out for that clause in the sales contract!

Jeff Pope Home Inspections, Inc.® - Copyright 2009 - All rights reserved.
Nothing on this website is to be taken as legal advice, contact your attorney for legal representation.