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Why Should My Lawyer Review the Home Inspection?

October 27, 2015 by Marc Jacob

A Buyer should show their private home inspection report to their lawyer, so that the lawyer can properly write an inspection notice to protect the Buyer’s interest.

Your Lawyer Can Review the Inspection Notice
Your Lawyer Can Review the Inspection Notice

When buying a home, an important part of the due diligence process is getting a private home inspection. This inspection helps the Buyer better understand the current state of the house they wish to purchase.

A private home inspector walks through the home, does a visual inspection, takes pictures of things that appear dangerous, are deteriorating, or might not up to code. They also test the various systems in the home, such as electrical, gas, heating and cooling, and sometimes the kitchen appliances. An inspector can go up on the roof, look at the brickwork and determine what type of shingle, siding and tile has been used on the house.

Most contracts allow for an “Inspection Period,” during which Buyers can request repairs or otherwise object to the condition of the house. During this time, the Seller has an opportunity to fix the problems cited by the Buyer.

In many St. Louis home sales, the Buyer provides the Seller with an Inspection Notice during the Inspection Period. The Inspection Notice details what repairs or replacements Buyer wants made prior to closing.

It is very important for the Inspection Notice to be properly drafted and sufficiently detailed to avoid confusion between the Buyer and the Seller and to be enforceable in a court of law, if necessary. For these reasons, Buyers should consider showing their private inspection report to their attorney before finalizing the notice.

At the very least, Buyer will want to show their attorney the language Buyer or their agent wrote, in order to sharpen the language for Buyer’s benefit.

Your attorney will likely have dealt with many inspection situations in the past and is trained to write the notice in a manner that will make it most likely to be enforceable.

If you have questions about your private inspection report or would like to discuss your situation, please contact us at 314.862.2237 or at mjacob@marcjacobesq.com

Filed Under: Real Estate

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  • GUEST BLOGGER: Retirees Looking To Homestead Can Use These Tips For Buying A Property
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  • Why Should My Lawyer Review the Home Inspection?

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  • Home
  • About Us
    • Mission Statement
    • Marc Jacob
    • Jace Brotherton
    • Firm News
  • Real Estate
    • Real Estate
    • Commercial LL – Tenant Law
    • Real Estate Litigation
    • Lawyer to Buy A House?
    • Motel/Hotel Purchases and Sales
    • Tenants Rights Law
    • Quiet Title Lawsuit
  • Business Law
    • Business Law
    • General Counsel
  • Not-For-Profit
  • Law Blog
    • Law Blog
    • Legal Resources
  • Contact Us