What if the Seller Won’t Let Me Back in the House?

What if the Seller Won't Let Me Back in the House?

You find some interesting situations in real estate and there’s always a new scenario that can ruffle some feathers.

We have a hot market around here and buyers are often waiving inspections. NOW – I don’t recommend waiving the inspection but there may be conditions to do so. If you know you are planning on buying the house regardless, then you might consider it if the market is hot enough that another offer may be more attractive. Eliminating as many obstacles for sellers as possible can be a very attractive offer to homeowners.

In a recent transaction, this exact thing happened. However, after acceptance, the buyer wanted to schedule an inspection anyway. The deal would not be subject to inspection meaning the inspection results would not indicate the buyer’s motivation to buy the property, but only as a proactive approach to anything that needed to be done once they moved in.

The seller then refused access to the property after mutual acceptance. The seller said that the buyer could not have access to the property until closing.

This raises some interesting questions and it’s important to see both sides of it. 

The seller does have the right to refuse access for the buyer until the property closes or as set forth in the contract. The contract really has all of the necessary verbiages within the wording so if the buyer’s agent did not put it into the contract, the seller nor the buyer has rights to change it at this point without getting something else in writing.

There’s no reason the seller needs to offer access to the buyer other than a final walk-through if that is set in the contract. The seller themselves might feel awkward as to why the buyer wants an inspection now. They may feel that the buyer will find some reason to terminate the contract if the inspection shows something the buyers not willing to fix.

From the buyer’s perspective, I will buyer put down a $20,000 deposit. That’s a lot and especially to waive the inspection, the buyer is pretty certain that they will get the home regardless of what the inspection shows. The buyer asked us if it is appropriate to bring along an inspector during the final walk-through.

This request alone has a lot of controversies. While the seller does have to allow the buyer access to the final walk-through to show that the property has not changed since the initial offer, the seller may still have the right to refuse a full on inspection. Walk-throughs typically take about 30 minutes whereas an inspection could take up to two hours.

The seller might think that the buyer is planning on getting their loan denied due to something on an inspection so that they can back out. The seller doesn’t know why the buyer wants an inspection but they also don’t want to lose the offer on their house. A buyer usually has the right to bring whomever they want during the final walk-through but walk-through is to make sure that the property is in the same condition as when they signed to purchase the home. However, without initial documentation as to the condition of the property, there’s really no proof if something has changed.

This is a double-edged sword and it can be tricky for both buyers and sellers.

The challenge or the solution is to get both parties to communicate. With enough reasonable communication we can make sure that the buyer is satisfied as well as the seller. Another option could be a home warranty. The buyer could simply purchase a home warranty which would allow for any repairs within about a year of the purchase of the home to anything such as a major appliance.
Bringing an inspector to a walk-through could be a waste of money because regardless of what the inspection says it won’t change the fact that the buyer has agreed to buy the home without an inspection. Within days after closing, the buyer will know just about everything they can about the property at which time they can schedule their own inspection on their own home.

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