If I’m purchasing a home and the inspection turned up some minor/serious issues a few more serious issues, can the contract be broken if the minor issues cost over $500 to fix?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m purchasing a home and the inspection turned up some minor/serious issues a few more serious issues, can the contract be broken if the minor issues cost over $500 to fix?
Also, is the homeowner required to fix items that are code violations before the sale is final, even with a conventional loan? Additionally, the inspector could not find the entry to the septic tank, so is the owner required to pump it out and have it inspected before the sale?
Asked on June 18, 2019 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can only get out of the contract if the contract has an inspection contingency or provision in it that states that if there are issues or problems, the buyer can terminate the contract if the seller will not fix them. If there is such a provision, you can use it to get out of the transaction so long as you comply with its provisions--so read the provision or contingency to see if it lets you out for the issues that were found.
There is no separate requirement to bring items up to code; the issue is the same as the above--is there an inspection contingency or the like which would let you out if there are problems or things to be corrected (which includes anything not meeting code) and the seller does not correct those items? If there is, you can use that provision to force repairs or else terminate the contract; if no such provision, the seller is under no obligation to do this.
There is no requirement to pump out septic and have it inspected unless he agreed in the contract of sale to do so.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.