About The Home Inspection Response
Whether you’re a home buyer or home seller, the process of scheduling, conducting and most importantly, negotiating the home inspection response is often times the most memorable part of any real estate transaction.
Interestingly enough, when it comes to conducting a home inspection, there are those who believe a home inspection is PASS or FAIL. That is not the case at all. #homeinspection #realestate
Some may also view the home inspection response as a way to negotiate a lower price in lieu of work to be done…this too is not the real purpose of this vital step in the home buying (and selling) process.
In actuality, the home inspection process is essentially the home buyers opportunity to conduct an assessment of the property for the purpose of their use.
Others want the home inspection to be about what they need to know from a deferred maintenance standpoint. They know the home may need some work…they just don’t want any surprises!
Then there are home buyers who need to know the home is in the kind of condition that allows them quiet enjoyment with little to no need for work on their part.
Whatever your reason for conducting a home inspection, depending on the markets condition…not to mention the homes condition, the home inspection response should be crafted with diligence and the intent to identify and remedy issues found in the home.
The intention of this post is to outline what you should expect and lastly, what you should negotiate as a home buyer and a home seller to insure the deal does not get nasty or worse…fall apart.
The Home Inspection Response – CONTINGENCY PERIOD
In my humble opinion, every home buyer MUST have their potential home inspected! It’s both pragmatic and safe.
Even in the case of a very hot market where home buyers will waive their inspection contingency in order to curry favor with the seller and their offer…you still should do what you can to make sure the major systems are in good working order.
In the case of a surging sellers market or entering a bidding war where parties are waiving the home inspection in order to “win” the bid, make sure to conduct a pre-inspection.
A pre-inspection is a home inspection done before writing a purchase and sale. This ensures that you are not jumping into anything blindly and allows you to waive the home inspection contingency.
That said, market conditions aside, the S.O.P (Standard Operating Procedure) for most home buyers is to attach a Home Inspection Contingency to their Purchase and Sale Agreement.
This opportunity, known as the inspection contingency period, is established for the home buyer to have a specified time period, generally 10 days unless otherwise agreed upon, in which they can conduct their overall assessment of the condition of the property. This contingency period does not preclude a home buyer from conducting additional inspections on systems such as sewer or septic, inspection of a Well and even termite or other pest inspections the home buyer wishes to have done. Matter of fact, most properties serviced by a Septic or Well require an inspection of those systems…check with your real estate broker for more information on that.
Often times, a home buyer will rely on their Broker to refer a home inspector for this task.
This can be a good thing and maybe a bad thing. Most Brokerages in the State of Washington require their Associate and Managing Brokers attach an Inspector Referral Disclosure which complies with WAC 308-124C-125*.
Simply put, Washington State law requires that a real estate broker, who refers a home inspector to a buyer or seller with whom the broker has a current or past relationship including, but not limited to, a business or familial relationship, fully disclose in writing to the buyer or seller the nature of that relationship. A home buyer should ask their real estate broker to provide them with this form (NWMLS 41D)
All that aside, hiring a home inspector is really just the first step in this process. The next step is to schedule the home inspection. Most home inspections will take several hours depending on the size and scope of the home inspection.
During your contingency period, you will have time to attend the home inspection along with your real estate broker (it’s required that they or a licensee from their Brokerage be there during the entire home inspection), go over the report with your home inspector and finally lay out a strategic plan with your real estate broker, the home inspection response for the sellers.
Successfully Negotiating the Home Inspection Response – HOME BUYER
This could be one of the more stress filled parts of the home buying process and honestly, where most real estate deals go ‘off the rails’ so to speak.
Gathering your thoughts (and emotions) as a home buyer and determining what is and what isn’t a ‘must fix’ item can be intense. After all, this is likely your largest financial investment you’re ever going to make so you want to be sure you get this right!
With the assistance of your real estate broker (hopefully), you begin the process of going through your checklist of what you want the seller to attend to.
Step One – Are all the major systems in good working order
As mentioned earlier, this may vary from buyer to buyer but this is the time you need to determine the overall longevity of the heart and soul of the house. I’d categorize the major systems as:
- Roof
- Heating
- Electrical
- Plumbing
- Siding
These are your ‘Big Ticket’ items and may or may not fall in the budget of a seller to fix. Some home buyers may consider any of these as ‘Deal Killers’ if the home seller are not willing or able to remedy.
NOTE: This post is in no way advocating how to proceed with negotiating your home inspection response…just my thoughts after 20 years of selling houses.
Step Two – What to Ask for and What NOT to ask for in your home inspection response
As the home buyer goes through the inspection report, some may feel the need to ask the home seller for everything and the kitchen sink. Bear in mind, no house is perfect and no home buyer should expect such. That said, focusing only on the things that logically should be remedied by the home seller will greatly reduce the likelihood of a negative reaction from the home seller.
At this point, the buyer has 4 options for request for repairs or modifications.
- Buyer inspection of the property is approved and the inspection contingency is satisfied
- Buyer inspection of the property is disapproved and the Agreement is terminated
- Buyer gives notice of an additional inspection. The buyer would need to attach the inspectors recommendations for any additional inspection
- Buyer requests the following modifications and/or repairs
What to consider asking for :
- Any indication from the home inspector that things like the water heater or furnace appearing to be at the end of it’s designated lifespan should be high on your request list. The home buyer should feel confident to ask the home seller to repair or replace these items.
- This also goes for vital systems that have known hazard issues or a history of reported failure. A few examples would be Zinsco & Zinsco-Sylvania Electrical Panels and Cadet wall heaters.
- Any area of the house that requires GFCI (Ground Fault Circuit Interrupter) such as the kitchen, bathroom and outside deck are also easy requests for remedy.
- Repair or replace a damaged or leaning fence is also a fairly safe request.
- Essentially anything that might be a hazard or pose a risk to the overall quiet enjoyment of you and your new home.
What to consider NOT asking for:
- Asking a home seller to replace an appliance will more than likely get you a big fat NO. That said, ask your real estate broker about purchasing a home warranty that may cover appliances in the event one decides to go on the fritz right after closing.
- We generally recommend using: American Home Sheild
- If you are in the market for a home warranty our friends at Review.com did a review of the top 61 home warranty brands that you can view here: https://www.reviews.com/home-warranty/
- Being overly critical of things like small or easily fixed issues with the house that don’t directly pose a hazard or risk to the overall quiet enjoyment of you and your new home.
- (Small) Holes or dings in the wall
- Removing unwanted items unless of course we are talking about an old car in the backyard or a transmission in the bathtub
- Fixing small scratches or squeaks in hardwood floors
- Making any request for removal of outside items like sheds or outbuildings
Successfully Negotiating the Home Inspection Response – HOME SELLER
Now that the home buyers request(s) for repairs or modifications has been submitted to the home seller, it’s their turn to respond.
At this point, the home seller has 4 options in response to buyers request for repairs or modifications.
- Seller agrees to all of the modifications or repairs in buyers request
- Seller offers to correct only the following conditions
- Seller rejects all proposals by buyer
- Seller rejects all proposals by buyer, but proposes the following alternative modification or repairs
What to consider saying YES to:
This is often where ‘Feathers may get ruffled” in the transaction. Most home owners have lived quite comfortably in their house for many years thank you very much (insert snarky tone here). And to have a complete stranger come in and demand request this and that be fixed can be met with some resistance. Every home seller should detach themselves from the emotional side of the home and look at this pragmatically. Eyeing the bigger picture of selling the home and moving on should be the priority here!
- Essentially, anything that is of a mechanical or environmental hazard or poses a risk to the overall enjoyment of the new owner.
- An item that might potentially be called by the appraiser as needing to be addressed as a condition of the loan – CASE IN POINT: I represented a home buyer who was very concerned about a tree that was leaning dangerously close to the home. We asked the seller to have it removed but they refused. So, I asked the lender to make the appraiser ‘aware’ of the tree. The appraiser subsequently saw the tree as an issue and put in their appraisal that the tree was to be removed prior to closing. VIOLA, seller complied and bye-bye tree!
- Having the septic pumped and inspected or having the oil tank decommissioned if the home is heated by a source other than oil. In most cases, these MUST be done as a condition of the lender funding the transaction.
What to consider saying NO to:
Certainly, some items may be added to the home inspection response that can easily be dismissed by the home seller. As mentioned earlier in this post, some home buyers may feel the need to ask for too much!
- Aesthetic issues such as scratches, dings or mars to walls or floors
- dripping faucets, squeaky floor boards, uneven (or cracked) outside walkways and even repairing minor cracks in the basement and garage (cement) floor
- Landscaping or exterior issues such as over hanging shrubs or trees
Now the sellers response is sent back to the buyer for their reply
At this point, the buyer has 3 options to reply to sellers response.
- Buyer accepts seller response and agrees to proceed to closing as provided in the agreement.
- Buyer rejects sellers response. This constitutes the buyers disapproval of the inspection and the agreement is terminated.
- Buyer rejects sellers response BUT offer the attached alternative proposal for modifications or repairs. Honestly, if the buyers elect this route, they are usually looking for a financial consideration in the way of a new price or other acceptable terms that will give them a reason to waive the inspection contingency and proceed to closing.
See NWMLS Form 35: line items 29-30 as well as line items 54-58 or ask your real estate broker for details.
In summary
The home inspection response is something that is to be taken very seriously! This is the home buyers one chance to make sure their largest investment will give them the quiet enjoyment they want.
It’s also vital the home seller be diligent in remedying any major items or issues BECAUSE…these home buyers may decide to go away, BUT THE PROBLEMS IDENTIFIED WILL NOT!
It also bears noting, home buyers should ALWAYS ask their real estate broker to take the time to answer any questions or concerns they have about both the home inspection process as well as the verbiage on the NWMLS forms 35 Inspection Addendum and the NWMLS form 35R Inspection Response to form 35!
*If a licensee refers a home inspector to a buyer or seller with whom they have or have had a relationship including, but not limited to, a business or familial relationship, then full disclosure of the relations must be provided in writing prior to the buyer or seller using the services of the home inspector.
Share this post!
65 Comments on “Successfully Negotiating Your Home Inspection Response”
What inspections are required in Whatcom county as part of a sale? Examples are, furnace, fireplace/chimney, rodent etc.
No inspections are required. As part of your buyer rights you have the ability to submit a form 35 and request an inspection. That would make the sale of the home contingent on you accepting the inspection results, or making a counter offer. You are responsible for hiring the home inspector and should ask what items will be included in the home inspection. Usually, a general inspecting of all items you mentioned are covered.
Hello, we are in the process of purchasing a home and the seller has responded with the option to suggest an alternative option to our repairs request, they say we reject your requests, we want 6k more for the home and will do all things listed on 8/16. We have not signed yet and they have set to work supposedly on these repairs. We would like an option to respond and say we will take the house as is then but will not pay more than the agreed upon price in our contract. Our best idea so far has been simply to not respond. Any help would be very much appreciated!
Chelsea, I hope that your agent is well schooled in real estate negotiations. Once you asked for repairs you essentially went out of contract. The seller is not required to do anything. If they want to walk away they should send you a recission form and you should be able to get your earnest money back. You also have the option of walking away if you can not come to an agreement. Please call if you need more help with this: 425.299.8454
Great points to be learnt before buying the home. I was curious to know the result of the tree that was leaning towards home. That was a great point to be noted. Thank you for sharing.
Thanks for stopping by Dennis. It was cut down.
Great and timely information here. The home inspection on a home my sister is trying to buy was conducted yesterday, and discusses her response with her realtor tomorrow.
Issues include one major concern (a half inch crack in the foundation that is a result of movement); evidence of erosion around one side of the house that can effect the foundation and should be backfilled; several potential safety hazards, to include disconnected/misaligned gutter downspouts under the deck which have allowed erosion in the vicinity of the support footings and could potentially cause the deck and sunroom to fail; four electrical potential hazards, and the deck not being up to code (lacks horizontal rails for child protection).
Any suggestions on prioritization of what to ask to be fixed? She’s going for a FHA loan, which requires the home to be safe, sound and secure to qualify for the loan. In my book, this house is missing safe and sound and if these issues are not fixed by qualified professionals, it is a situation in which she should walk away.
Thanks!
Hello Leisa, without being a part of the inspection and having first hand knowledge of the home, the agents involved and the transaction… it would not be fair for me to weigh in on this.
When the FHA appraiser comes to appraise the home they will call out any major defects that they deem would make the home unsafe.
I am sure that your sister choose a strong Realtor that will negotiate a positive outcome for her.
Really no matter if someone doesn’t be aware of then its up to
other users that they will assist, so here it happens.
This article is great for preparing for a home inspection. It’s good to have a list of what you should or should not ask about during the inspection process. Next time I need a home inspection done, I’ll be sure to follow these guidelines.
Thanks Thomas
Thanks for the information. I think buying and selling a house is no easy task. Find an agent that you can trust and partner up with them for maximum advantage.
I like how the article explains that you should make sure to have your potential home inspected to make sure that major systems are in good working order before you buy the home. My husband and I are looking to buy a home but we don’t want to buy one that we will have to fix a lot of things such as getting the electrical systems fixed. We will make sure to have potential homes inspected before we buy them.
If the home inspection revealed that the refrigerator, stove and dishwasher were all defective and not operating what would you recommend to you client buying the house to request of the seller? I could understand one appliance, but not all three. Additionally, all appliances look original to the 1979 kitchen
Hello Allen, each real estate deal has so many variables and each one is a little different. It would be easy for me to say that you should ask for all the appliances to be replaced, but honestly it depends. Did you get a good overall price, do you love the house, was it a competitive bidding process? Are you asking for closing costs, what position are the sellers in? I could go on and on with different variables that effect your position. I guess the bottom line is… what does your agent advise and what does your gut tell you and what are you comfortable with?
I am a recent homebuyer in Asheville,NC. One element the home inspector designated for repair was to properly connect with a Fernco coupler ,where none existed before , two incompatible sections of 6″ plumbing pipes in the garage area.
The work was done by a contractor recommended by my realtor incorrectly. He simply cut the rubber coupler and wrapped around area rather than detaching sections and sliding on coupler, and screwing the two metal clamps .Now my realtor does not respond to my two follow up e-mails I sent inquiring as to whether she had implemented with this contractor to correct work, as she said she would . What recourse do I have,if any ?
I feel I have the right to have this work done correctly .
Many thanks
This is a complicated matter. I suggest you contact that agents managing broker.
I like how you mentioned that home inspections can help determine the longevity of a home. One of my friends mentioned that he’d like to buy a home. Thanks for pointing out the benefits of getting a home inspection and how to go about it.
Taylor, if they are buying here in the greater Seattle area send them our way.
I have a question… We are selling our home, the buyers had an inspection and submitted a form 35R. Their inspector was an idiot (sorry, but if you don’t know how to light a pilot light and say the fireplace has a ‘gas leak’ you should not an inspector) so we submitted a rebuttal. Their agent told our agent (in an email) that the buyers were most likely not going to accept our rebuttal so we got some professional opinions and decided to agree to the buyer’s original request for repairs and signed their original 35R they sent us within that three day time frame. They are now trying to back out of the deal (after all repairs were done, and some were electrical so it was costly) and said they had they can back out because they had a three day period to respond to our rebuttal but we signed their original request five days prior to them ‘backing out’ and they are just now notifying us that they are backing out? There was nothing for them to sign as we signed their original request for repairs. I can’t find anything anywhere saying that because we submitted a rebuttal, it made their original request void. Are they entitled to get their earnest money back?
Hello Lindsey…. giving real estate advice from second hand information is dangerous. I can tell you that from what you described in your comment that both you and buyer satisfied the inspection contingency and that should not be a means to cancel the deal. I would suggest that you talk with your agents managing broker for more clarification.
Great article! I was amazed by your blog, your writing is wonderful goes with the topic that is educational and useful for everyone’s resource. Thanks for sharing this!
Keep up writing more in the future! sharing these awesome tips is a great way helping other people to be educated regarding this matter, Thanks to you for this much informatic and useful article.
This is very helpful information. I’m in the process of purchasing a home and on the inspection report, inspector comments the main electrical service panel contained some circuit breakers manufactured by Zinsco. Zinsco breakers are known to have a high rate of trip failure when exposed to overheating. Is it best that i hire an electrician to evaluate? Or is this something i can ask the seller to do? Trying to find the best route about this.
Hi Vanessa, either option is viable. It is also a possible that you buy it as is. It really varies on each transaction. What do you want? Your agent should be guiding you through this delicate process, something I can not do with limited information.
It was a great learning. Buying a home is a dream event and we definitely wish to have a peaceful purchasing and home inspection is truly helpful in this matter. Thank you for the great advise.
This is a well-detailed post. This will definitely come in handy when I am going to buy our house. Thanks
It’s good to know that a home inspection will examine things like your roof and plumbing. My brother has been telling me about how he wants to sell his house, and he wants to make sure that it’s in good condition before he does. I’ll share this information with him so that he can look into his options for professionals who can help him with this.
Thanks for sharing this great information.
Well written and to the point. I appreciate the detail in this article!
I am selling my condo to an investor who never set foot in it. Home inspection was done and here is the result” Buyer disapproved items are Exterior repair and paint (stucco, facia, eaves, stem wall (etc). stain, paint, worn cabinets, full interior drywall repair and paint, install new carpet, pad,t/out, seller to remove spa.
I can elect to credit buyer at COE if I do not want to have the work done for $5950 or have the work done by a licensed contractor, or disapprove and buy can cancel the contract
The exterior is maintained by the HOA so why should I have to do this and not sure HOA would even approve this.
The other items a purely cosmetic and I see no reason this should be put on a repair form. Everything there is functional and AC and water heater are new. No structural problems were detected and I told the inspector while there he should hot be finding any problems.
There form is electronic which leaves me no place to negotiate these items either.
What would you do?
Thank you for visiting Cindi. Unfortunately, we are not representing you and would not feel comfortable giving advice without having been involved in the entire process.
Thanks for sharing the valueable information. What you can do if you hit an electrical cable when drilling in a wall. Really it’s a great blog require their Associate and Managing Brokers attach an Inspector Referral Disclosure which complies with WAC. Thanks!
well written article.. thanks for sharing this information with all
You made a great point about asking for the lifespan of any things like the water heater or furnace so you feel confident. My husband and I are looking for a complete home inspection service that can help us prepare our home to sell this month. We will keep these tips in mind as we search for a professional that can help us best.
How long do sellers have to respond to a buyers inspection fix list and how many days do the buyers have to decide on their response?
Hi Diana, by default according the form 35 used by the NWMLS the seller has 3 business days to respond. By default according the form 35 used by the NWMLS the buyer has 3 business days to respond to the seller response. Those days could have been altered in your original Purchase and Sale agreement. Your best bet is to ask your real estate representative and if they are unclear you can contact their team leader or managing broker.
I like that you mention the importance of making sure that the most important things to you are in working order such as plumbing and heating. My husband and I are just now starting our home buying journey and are trying to learn as we go. I think we should look for a professional with experience in home inspections to help when we find a place we like.
Thank you for sharing this content with me, this is a great article, it has helped me a lot for understanding about these home inspection. You have done a good research I must say, thank you very much for sharing this article.
thanks for sharing this useful article..
Thanks for pointing out how a home inspection can take up to a couple of hours to do. I think a lot of people might not realize this and instead just hire an inspector thinking it’ll take minutes. I want to sell my house soon so I’ll be prepared to hire an inspector and be at my house for the time it takes them to look at everything.
Wait, I had no idea that a home inspection isn’t a pass or fail process. My brother, who has a house, told me it was like that so I thought every house on the market has passed one. I can’t believe he would lie to me. Well, I’ll take your advice and have our Broker find a home inspector for us so we can make sure that all the homes we look at are in good condition.
Thanks a lot for sharing all these details here about the inspection response. I honestly appreciate this a lot, and I will make use of all this content in this paper that I am writing. That will be most helpful for me.
Awesome post! Thanks for sharing the knowledge and keep up the good work.
It really helped when you mentioned a home inspection provides detailed information of a property’s current state. My sister is thinking about buying a house, and she wants to attend one of those house bidding auctions. But I’m worried about her bidding for a property and getting misled about its conditions. That’s why I think she should get it inspected by a professional before making any decision. I’ll be sure to tell her about this. Thanks for the information about performing a pre-inspection to a house could save you a lot of money.
I have a question. We sold our house last December and had repairs that we agreed to do. The repairs were done and we gave the receipts to the buyers at the time as proof. They did their final walk thru and we closed on time. The are now, over 3 months later, coming to us saying that they do not think we fully finished the repairs and they now want us to redo them or they will take further action. Can they do this? I was under the impression that they have a chance to do a re-inspection and if they feel we did not do what we said we did, then they could back out or ask for them to be redone but not after closing. I am shocked that they are asking now. Is this normal?
Hello Jennifer. I am sorry that is happening to you. Within the constraints of your purchase and sale agreement they no longer have the ability to alter the sale of the house. People have the ability to sue at anytime if they choose. I am not a lawyer and am unsure how that will turn out. But if you used a licensed, bonded and insured contractor to make the repairs as agreed upon you should be in pretty good shape.
Nice Post Fox.
Really amazing article.
Thanks for the great artcile
Very impressive, thanks a lot for sharing a helpful post with us.
This article is very informative. Nice work! Thanks so much for sharing this article.
Really Great Post Fox about home inspection response. Thanks for sharing
Thanks for sharing
“just my thoughts after 20 years of selling houses” =D That’s good enough for me LOL.
We are in the delicate process of negotiating repairs with the seller. Upon inspection the seller’s 5 year old roof revealed that the original 1978 roof. The house needs a new roof. We had a roofer ( recommended by our agent) out there after the inspection revealed this and they agree it needs to be replaced and gave us a estimate. The seller was unaware of this and wants more time beyond the 3 days to get his own estimates for the new roof. What happens if we go beyond our deadline for inspection? Also it doesn’t seem like in our best interest to use his cheapest bid for a roof. Or is it? Thanks.
There are far to many moving pieces in situations like this for us to give advice. Your agent should know how to handle this situation. What I can tell you is that if either party does not respond within the deadline period they waive their right to void the agreement. You are not under any obligation to use any vendor. Generally, when it comes to work needing to be done, especially work like a new roof, we will ask the seller for cash concessions opposed to asking them to have the work done. Hope that helps.
I loved your post.Really looking forward to read more. Great.
I have requested a contract cancellation in 4 days as inspection failed and showed standing water in the crawling space after mutually acceptance of contract and contract had contingency of Inspection, it’s been over 24 hrs my agent sent form 35R where we informed sellers agent that we would like to terminate the contract as home inspection didn’t meet the expectation but seller haven’t signed and sent the form yet, so my question to you is what are my options ? How can I get my Earnest money back if seller doesn’t sign ?
As long as you meet your deadlines and escrow is holding your earnest money you should not have any trouble getting it returned for a failed inspection. (I am not an attorney and this is just my opinion)
I truly appreciate this blog.Really thank you!
Thank you.
You are absolutely correct and thanks for giving information about HOME INSPECTION. I loved your blog and thanks for publishing this!! I am really happy to come across this exceptionally well-written content. Thanks for sharing and look for more in future!!
A seller here in Virginia, as in most states, has the option to offer a home for sale based on satisfaction of an inspection report or sell it “As Is”. Will mortgage companies accept a buyer’s mortgage application based on an as-is sale? Seems it would be risky for the buyer and the morgage company. How about the seller?
Mortgage companies will send out an appraiser to ensure the home’s value matches the loan’s value. It is risky for the buyer.
I’m currently in the process of buying my first home, and I didn’t realize the inspection contingency period covered so many different aspects of the property. Knowing that I can have additional inspections done, like for the septic system and termite inspections, gives me much more confidence moving forward. I was worried about potential hidden issues, but now I know I have the time to check everything thoroughly.