Thread: Seller required to provide new buyer with a prior buyer's inspection report?

What does your real estate salesperson say? One of the reasons we hire licensed people is to keep us out of trouble.

Your indication is that you are in California. This is a state that has some of the broadest requirements for disclosure that I have ever seen.

MY OPINION: you are not required, as the report was provided to your previous buyer, and is a confidential document between the parties of the transaction. You are provided a copy only to provide evidence necessary to allow the buyer to nullify the purchase agreement. I believe that you could technically destroy the report once the buyer negates the contract, as the report would have done it's job of providing the evidence.

On the property condition report (if you are required to have one,) doesn't it not say that YOU are not aware of issues? It doesn't say anything about thrid-party awareness. Besides, the inspector's job is to find issues, since if they "skip" something that becomes an issue in the future, they might get sued for non-disclosure. Many of the issues that inspectors come up with are really non-issues, they are just protecting their "butts."

As I am not from CA, I can not comment on if there is any obscure laws there that force people to disclose third-party inspection reports, so as the previous poster stated, it is time to consult a professional... I would strongly suggest a good real estate attorney, as they are well versed in all the laws regarding these things. Most of the times you can get the answer (free of charge) by just calling their office and asking them your question. Just don't expect too much more than a "yes, no, or depends (with a simple explaination,)" but that is all you need to know.

Later!

Real estate disclosure requirements are not "obscure" laws. They are legal obligations and are strongly enforced by the courts.

It doesn't matter where your advise comes from - nor how much you pay (especially if the advise is incorrect) - experience counts.

In addition to the previous comments, in a situation like this one, it is probably best to ask to see the inspectors license beforehand.

Without knowing the specific laws regarding disclosure in your state I would suggest talking with a local experienced Realtor. I tell my clients when in doubt to disclose. CYA means disclosing.

The answer is yes you must disclose previous inspection reports and their contents. The California Real Estate Law about disclosures can be found at the following location. Please remove spaces on these and the other links as this BB does not allow posting of URL's for new members (???, how can we help you if not??)

dre . cs . gov / pub_disclosures.html#_Toc122939746

An excerpts document was published that further explains this at:

dre . ca . gov / pdf_docs / excerpts2009.pdf

Currently in California Real Estate Inspectors are not licensed nor have a regulatory body that controls their actions, requirements, training, etc. I have researched some California laws and about the only item this Inspector might have violated is local business registration, taxation, etc., laws. I found it interesting just how tough local municipalities are in enforcing their business registration requirements if a person wishes to do business there.

You mentioned that the Inspector heavily quoted building codes in his report, etc., and was comparing a 60 year old home to modern standards. Yes you are correct that the Inspector quite possibly should not have done that. However, not to try and defend the Inspector, but there are certain items from building codes that are significant "Life/Safety" issues that should be called out. An example is missing/inop/improper smoke and CO detectors, improper combustion and dilution air arrangements for HVAC equipment, and in California's case some of the seismic strapping requirements. These are just some of the items but not all.

When it concerns original materials, building practices, etc., then yes it is not expected that a 60 year old home be compared to new standards. Now there is a possibility you may have local requirements for some of the items that were indicated in the report. To determine that you would need to know first what the local ordinances are where your home is located. You can obtain a copy from the local Building Official who controls construction in your town. You might find the local ordinances on

municode . com / resources / onlinelibrary.asp

These will list what versions of the building codes your municipality uses, any local amendments to them and whether the sale or transfer of a home would require updates to the home for any reason.

Once you determine what codes are in use you can find some of these at

ecodes . biz / list_sub.cfm?m_cat_id=36

You can check these to see if the codes the Inspector referenced are valid or not.

Hopefully this helps some. If you have more questions please ask!

Amen! Thank you!!

I wish all folks were this careful (licensed or not).

I'm not familiar with California laws. Here's what's true in Ohio.

Sellers are required to disclose any and all known defects in the property. Particularly obscure defects that the average home buyer wouldn't see.

If a buyer's inspection report reveals defects, and the buyer backs away from the purchase, the seller is obliged to modify his property disclosure form to include those defects.

If the buyer paid for an inspection, the seller may or may not have access to that inspection report. It's up to the buyer to release the report. If the buyer sees the report, he's obliged to report the defects in subsequent disclosures.

You should talk with your agent... and check out those links the other guy posted. You want to make sure you're complying with all state disclosure requirements - if for no other reason than to avoid a lawsuit by the buyer after the closing.

Hi everyone.
I am new in the Torrance city and need a good home. Could anyone suggest me some website that provide me reliable and affordable equity inspection.