Home Inspection Clauses: Contract for Real Property

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Multi-State
Control #:
US-C-CL-650-1
Format:
Word; 
Rich Text
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What is this form?

The Home Inspection Clauses: Contract for Real Property is a legal document used in real estate transactions. This form includes provisions that outline the conditions and rights of the buyer and seller related to home inspections. Unlike other real estate forms, this clause specifically addresses the requirement for a home inspection and what actions can be taken based on the inspection results. It helps protect buyers from purchasing properties with hidden defects by allowing them to back out of a sale or negotiate repairs.

Key components of this form

  • Provision for buyers to inspect the property for structural defects or environmental hazards.
  • Time frame for completing inspections and notifying sellers of results.
  • Rights for negotiating repairs or canceling the contract based on inspection findings.
  • Definitions of minor and major repair costs within the inspection clause.
  • Seller’s obligations regarding repairs and buyer's response to inspection results.
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When to use this form

This form should be used during the home buying process when a buyer makes an offer on a property and wants to include a home inspection contingency. It is essential when the buyer seeks to ensure that the property is free from serious defects and that all major systems are functioning correctly before the sale is finalized.

Who this form is for

  • Homebuyers looking to protect their interests when purchasing a property.
  • Sellers who wish to clarify the terms of a home inspection in a real estate transaction.
  • Real estate agents representing buyers or sellers to ensure proper contract terms are included.

Instructions for completing this form

  • Identify the parties involved in the transaction, including buyers and sellers.
  • Specify the property being inspected, including its address and legal description.
  • Determine the time frame for completing the inspection and include it in the designated fields.
  • Fill in minor and major repair cost definitions to clarify obligations.
  • Enter signatures and dates to finalize the agreement between the buyer and seller.

Notarization requirements for this form

This form does not typically require notarization unless specified by local law. However, it is advisable to check your specific jurisdiction to ensure compliance with legal requirements.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Common mistakes to avoid

  • Failing to specify a clear time frame for completing the home inspection.
  • Not including definitions for minor and major repairs, leading to confusion.
  • Overlooking to notify the seller within the specified timeline about inspection results.
  • Not having both parties sign the agreement, which could affect its enforceability.

Why use this form online

  • Convenient access to the form for immediate download and completion.
  • Editable fields allow customization based on specific needs and situations.
  • Reliable templates drafted by licensed attorneys ensure legal validity.
  • No need for physical appointments; complete the process from home.

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FAQ

For informational purposes only inspection without waiving. Some agents use this approach. The benefit of this is that it gives the buyer a chance to see what might be wrong with the house but is clearly an inspection and can walk away from the transaction.

Contingency clauses provide a way for one or both parties to back out of a real estate contract if certain specified conditions are not met. In other words, the sale is contingent upon these conditions.

A contingency clause often states that your offer to buy property is contingent upon X,Y, & Z. For example, the contingency clause may state, ?The buyer's obligation to purchase the real property is contingent upon the property appraising for a price at or above the contract purchase price.?

Some common examples include: Home inspection contingencies: The buyer requests an inspection of the property before agreeing to purchase. Appraisal contingencies: If a property appraises for less than the purchase price, the buyer can legally back out of the sale.

Real Estate Contingencies Contingencies can include details such as the time frame (for example, ?the buyer has 14 days to inspect the property?) and specific terms (such as, ?the buyer has 21 days to secure a 30-year conventional loan for 80% of the purchase price at an interest rate no higher than 4.5%?).

An inspection contingency, also called a ?due diligence contingency,? gives the buyer the right to have the home inspected in a specified time period. Depending on the findings of the home inspection, the potential home buyer can negotiate repairs or they can cancel the contract.

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Home Inspection Clauses: Contract for Real Property