- If Seller is willing to repair Major Defect items, at the sellers cost, the deal must go through*…
21. Yes No HOME INSPECTION CONTINGENCY. (If neither is checked, this contingency is waived).
Written report of major defects, any subsequent inspections, and request for repairs, if any, due to Seller by
________________________________________________________________________________________________(date).
Written response from Seller due to Buyer by ___________________________________________________________ (date).
Written negotiations (if any) to be completed by__________________________________________________________ (date).
Other systems or items to be inspected by the home inspection company___________________________________________
If buyer is not purchasing a newly constructed home, the Property may have minor problems associated with a previously
owned property. A major defect is any deficiency that causes an item to perform in an unsafe manner or that prevents the item
from performing its intended function. The inspection shall be limited to the house, attached or detached garage(s),
improvements attached to the house or garage(s) and the electrical, plumbing, heating, air conditioning, and any other electromechanical
systems, appliances and equipment included in this sale.
If “Yes” is indicated above, this Agreement is contingent upon Buyer obtaining a home inspection of the Property and written
report (the Inspection), by a home inspection company and/or particular component(s) by a licensed contractor/professional of
Buyer’s choice at Buyer’s expense. If Buyer does not choose to obtain an Inspection, or if major defects are not reported to the
Seller by date specified, then Buyer has waived the Home Inspection contingency.
If the home inspection or any subsequent inspections discovers major defects, Buyer shall provide Seller with a written request
for repairs and a copy of the relevant portions of the inspection report. Any subsequent inspections necessitated by the initial
inspection shall be at the direction and expense of Buyer, (unless requested by Seller for negotiations which shall then be at the
direction and expense of Seller), performed by a licensed contractor/professional, and completed within the time frames
provided herein. The Broker(s) shall not be responsible for determining the necessity of additional inspections. Buyer and Seller
agree that Broker(s) does not guarantee, and will not be held responsible for, any person or company performing the inspection
or correction of any condition pursuant to the terms of this Agreement and shall not be responsible for the selection of any
person or company chosen to perform an inspection or correct any condition.
The request for repairs must be made by the deadline specified. Seller shall then, in writing:
(a) Agree to correct any major defects at Seller’s sole cost and, if necessary, by a licensed contractor/professional. All
required permits must be secured by Seller. Written proof of completion shall be supplied to buyers at least two days
prior to settlement; OR
(b) Refuse to correct the major defects; OR
(c) Enter into a mutually agreeable written agreement with Buyer providing for particular repairs to the Property and/or
credit to Buyer at Settlement if this is acceptable to the mortgage lender.
If the Seller refuses to correct the major defects, fails to respond in writing to Buyer’s request, or an agreement about such
repairs is not negotiated, then Buyer may notify Seller in writing, no later than one day after the date written negotiations are to
be completed as specified above, of Buyer’s intent to purchase the Property in its present condition or this Agreement shall be
null and void and all deposit money shall be returned to Buyer in accordance with the terms of this Agreement.
It is understood that general statements as to the condition of the Property contained in this Agreement, such as “electrical
system shall be in working order at the time of settlement,” will not obligate Seller to repair items noted in the Home Inspection
Report unless Seller agrees to make repairs according to the terms of the Home Inspection paragraph.
Seller will have all items and systems covered by this Inspection operative at the time of inspection (including fuels). Seller shall
not be obligated to repair any defects fully disclosed in the Seller’s Disclosure of Real Property Condition Report or defects
otherwise accepted by Buyer in this Agreement. However, specific actions required by this Agreement, such as “repair defective
electric outlet in the kitchen,” will remain part of this Agreement.