Welcome to Sequim & Port Angeles Real Estate, a Branch Office of Adamas Realty
21 Jul
A home inspection is standard procedure for a buyer who has reached mutual acceptance with a Sequim seller. Once you reach an agreement on price with the seller, you have an opportunity to have the home inspected, assuming you have attached a form 35 addendum to your Purchase and Sale Agreement (PSA). The home inspection addendum has some amazing language, which essentially gives you as the buyer the opportunity to walk away from the transaction if there is anything at all that you decide you don’t like in the home inspection report. Here is the language, and notice the word “subjective.”
INSPECTION CONTINGENCY. This Agreement is conditioned on Buyer’s subjective satisfaction with inspections of the Property and the improvements on the Property. Buyer’s inspections may include, at Buyer’s option and without limitation, the structural, mechanical and general condition of the improvements to the Property, compliance with building and zoning codes, an inspection of the Property for hazardous materials, a pest inspection, and a soils/stability inspection. [Boldface added for emphasis]
Yes, this means you really could cancel the transaction within the inspection due diligence period. The default time period within which you must complete your home inspection is 10 days in our standard addendum, but for many of my clients from outside the area, I increase that to 14 days or even 20 days if we need the time to complete the due diligence on several issues.
It’s a good idea to have a home inspection, because a home inspector who does a thorough job may find things that don’t work or could be a serious problem. Tyler Conkle of Vanguard Home Inspections puts on his overalls and crawls through every area beneath a house with his flashlight and digital camera. If there is any sign of moisture, rotting beams, or any sign of possible pest infestation, he documents it. He goes through the attic, walks on the roof, examines the siding, the decks, and tests all of the appliances in the house, the furnace, heat pump, and goes through an extensive check list. This service is well worth it for only $400.
If you do find a serious issue that you want to address with the seller, you must use a form 35R, which is an Inspection Response form. In that form you can ask the seller to repair the problem, or you might ask for a credit at closing. If you don’t respond at all within the inspection time period, you automatically waive any right to terminate the transaction based on the Home Inspection Addendum.
Not everyone insists on a home inspection. Some buyers with a lot of experience in construction will choose to do their own inspection. Nothing wrong with that, but for most buyers I do recommend a home inspection.
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29 Sep
How dangerous is mold and how important is indoor air quality in a home? We all know it is important to eat right, drink plenty of water to keep the body hydrated, get regular exercise, and get enough sleep every night But most people don’t do much to make sure the indoor air quality of their homes is safe to breath night and day. The importance of the indoor air quality in our homes has been highlighted by stories of near death experiences by people living in homes with excessive mold, although for the vast majority of us, the symptoms are less dangerous.
I learned many years ago about the dangers of mold and how it effects all of us differently. In a case I litigated involving seller misrepresentation because of dangerous levels of mold, my Seattle expert testified that each person’s body reacts differently to high levels of moisture and mold in a home. Most do not notice, many do not have any symptoms, some have minor issues they never really connect with indoor air quality. But the few have repeated health issues and problems. Numerous visits to doctors, various prescriptions, and all kinds of guessing by doctors often produces little or no relief. When there is a mold problem in a home and serious continuous health issues, very few people ever connect the dots. (more…)
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28 Mar
The Plaintiff purchased his home and moved in. He was a bachelor, but would have friends come over to play cards and his granddaughter would come to visit. Coughing, sneezing, runny noses and itchy eyes triggered questions by the Plaintiff until he decided to hire an expert from the Seattle area to take samples and get lab results. The expert’s testimony at court was that after 14 years of doing this kind of testing in Washington, this home rated in the 97th percentile of the most polluted homes in the State.
The Sellers had made changes to the heating and circulation system that were not according to design and installation specifications. The crawl space acted as the plenum for the forced air, but the design called for a concrete floor, but the Sellers only used vis queen on the dirt ground. The mold built up throughout the house to very high levels, which would have required very expensive cleaning and replacement to make it inhabitable. The Sellers had not disclosed this to the Buyer and so it was misrepresentation and fraud.
The judge granted judgment in favor of the Defendant Sellers based on his decision that every human being is different, and that there are no medical standards that define what is unacceptable or dangerous. After the judgment, the Seller had a problem: he had to sell the house and disclose the mold problem, but who would want to buy it then?
If you’re buying an older home, or even a home that is only a few years old, due diligence in hiring the right professionals to put you on notice of health hazards is obviously very important. Wisdom would dictate that you have the right contingency language in your offer that gives you the right to have a professional inspect the house before you buy it. Does your real estate agent have the depth of knowledge and experience to protect you? I hope so.
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