What Happens if the Inspection Contingency Expires on a Home Offer?

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If you’re purchasing a home, or planning to make an offer on a home, it’s likely that your biggest concern is whether you’re buying a house that’s in good shape under the hood. For this reason, most contracts contain an inspection contingency clause. But what happens if the inspection contingency expires?

If this contingency period lapses before you’ve finalized your decisions, will you lose your deposit? Will you lose the house?

In this guide, we’ll break down everything you need to know about home inspection contingencies, including what they are, how they work, and the implications of their expiration.

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How does an inspection contingency work?

An inspection contingency, often a standard clause in home purchase agreements, allows you, the buyer, to have the home professionally inspected within a set timeframe. This period, typically lasting 7-10 days from the acceptance of the purchase offer, is known as the due diligence period. It’s a critical phase where you can assess the property’s condition and negotiate repairs or adjustments based on the findings.

It’s important to note that the wording of a home inspection contingency clause can differ depending on state laws. But here are some things that generally apply to the inspection contingency.

Understanding the timeline

The timeline for an inspection contingency is pivotal. Once the seller accepts your offer, the clock starts ticking on this due diligence period. During these 7-10 days, you’ll need to arrange for a home inspection, review the report, and decide on the next steps. This tight schedule emphasizes the importance of acting swiftly and efficiently.

Responding to the inspection report

After receiving the inspection report, typically, you have a 24-48 hour window to respond to the seller. This response can include an addendum to the original purchase agreement, often triggered by the findings in the inspection report.

Negotiating repairs and costs

A common feature of these addendums is the inclusion of a repair cost threshold. For example, if the inspection reveals that repairs will cost more than a pre-agreed limit, say $3,000, you might have the option to back out of the deal while retaining your earnest money deposit. This clause provides a safety net, ensuring you’re not locked into a purchase that might require extensive and expensive repairs.

The importance of timelines in addendums

Timeliness is essential in all aspects of the inspection contingency. Not only do you need to complete the inspection within the due diligence period, but your response to the inspection findings must also be prompt. The timelines in these addendums are designed to keep the transaction moving forward while protecting your interests as a buyer. The process also protects the seller’s interests.

What happens if the inspection contingency expires?

When the inspection contingency period expires, it marks a significant turning point in the homebuying process. Understanding the consequences of this expiration is essential for you as a potential homebuyer.

Loss of bargaining power

Firstly, if the contingency period lapses before you take any action, you essentially forfeit your right to negotiate repairs or price adjustments based on the inspection findings. This means you lose a key leverage point in the homebuying process, potentially leading to additional costs if you choose to proceed with the purchase.

Binding commitment to the purchase

Furthermore, letting the inspection contingency expire without addressing any issues identified in the inspection report usually implies your acceptance of the property “as is.” This acceptance can be seen as a binding commitment to purchase the property, regardless of any previously undiscovered or undisclosed flaws.

Risk of forfeiting earnest money

A major chip on the due diligence poker table is your earnest money deposit. If you decide to back out of the deal after the contingency period has expired, you may risk losing this deposit. This situation can arise if you discover a significant issue with the property post-expiration and choose to withdraw from the purchase agreement.

The importance of timely decisions

The expiration of an inspection contingency underscores the need for timely decision-making. Being proactive in scheduling the inspection, reviewing the report, and communicating with the seller or their agent within the allotted timeframe is crucial. This approach helps to safeguard your interests and investment in the property.

Navigating expired contingencies

In some cases, if the contingency period has expired and you find yourself facing unexpected issues with the property, it’s advisable to consult with your real estate agent or a legal professional. They can provide guidance on the best course of action, whether it’s negotiating post-expiration or exploring other legal options available to you.

If you’re facing an inspection contingency deadline, act sooner rather than later. You can ask the sellers for a contract addendum extension or have your agent talk to their agent and see if they can negotiate a solution to which both parties can agree.

Contingency removal process

In some states, local laws may require an “active removal” of contingencies. In California, for example, buyers are required to submit a formal written request through a signed Contingency Removal form. Without this form and process, any contingencies included in the purchase contract remain in effect, even if the stated contingency period has passed. If you’re buying in California, check out this “Contingencies and Contingency Removal” guide.

What do home inspections cover?

A home inspection is a thorough examination of a property’s condition, conducted by a professional inspector. It’s a vital step in the homebuying process, providing you with an objective third-party assessment of the home’s state before you finalize your purchase. Here’s what you can typically expect a home inspection to cover:

Structural elements

The inspector will assess the structural integrity of the home, including foundations, walls, floors, and ceilings. They’ll look for signs of settling, cracks, or other structural issues that could affect the home’s safety and value.

Roof and exterior

Inspectors evaluate the condition of the roof, including shingles, flashing, and gutters. They’ll also examine the home’s exterior, like siding, windows, and doors, checking for damage or potential issues.

Plumbing systems

The plumbing inspection includes a review of visible pipes, drains, water heaters, and faucets. Inspectors look for leaks, proper functioning, and the condition of the plumbing fixtures.

Electrical systems

This involves checking the electrical panels, wiring, outlets, and switches. The inspector ensures they meet safety standards and are in good working order.

HVAC systems

Heating, ventilation, and air conditioning systems are tested to ensure they’re functioning correctly. The inspector will check the age and maintenance history of these systems as well.

Interior components

Inspectors review the interior of the home, including floors, walls, ceilings, stairs, and railings. They’ll also assess the condition of installed appliances and smoke detectors.

Insulation and ventilation

The inspection includes checking the attic and basements for proper insulation and ventilation, which are crucial for energy efficiency and preventing moisture-related issues.

Potential safety hazards

A home inspector will point out any safety concerns, such as radon, carbon monoxide, and mold, which are critical for your well-being.

Remember, while comprehensive, a standard home inspection has limitations. It’s primarily visual, meaning it doesn’t cover what can’t be seen or easily accessed, such as behind walls or under flooring. It’s also not a guarantee of the home’s condition, but rather a professional assessment at a specific point in time.

What other specialized inspections might a home need?

If an inspector finds evidence of a potentially serious issue with the house, they might suggest you hire an expert to provide a more focused assessment. This costs money but may be the only way to get a true picture of the property’s condition. These specialized inspections include:

Pest inspections

A pest inspection is essential, especially in areas prone to termites, carpenter ants, or other wood-destroying organisms. This inspection identifies any existing pest problems or damages caused by these critters.

Radon testing

Radon is a naturally occurring, radioactive gas that can be harmful at high levels. Radon testing is crucial for health and safety, particularly in regions known for high radon levels.

Mold inspection

If there are signs of moisture problems, or if the house has a history of water damage, a mold inspection can identify the presence and extent of mold, which can be a health hazard.

Septic system evaluation

For homes with a septic system, a specialized inspection is necessary to assess its condition and functionality. This is vital since repairs or replacements can be costly.

Well water testing

If the property has a private well, testing the water quality is important. This inspection ensures the water is safe for use and meets health standards.

Roof certification

If the home has an older roof, a roof certification by a qualified professional can determine the life expectancy and condition of the roof.

Chimney inspection

For homes with a fireplace, a chimney inspection is recommended to check for structural integrity, blockages, and safety hazards.

Foundation inspection

In areas prone to ground movement or if there are visible signs of foundation issues, a specialized foundation inspection can identify the extent and severity of the problem.

Lead-based paint inspection

For homes built before 1978, a lead-based paint inspection is advised to identify any presence of this hazardous material.

Asbestos inspection

Asbestos was commonly used in older homes. If the house dates back to when asbestos was widely used, an inspection can determine if asbestos is present and if remediation is needed.

Each of these specialized inspections brings its own set of considerations and potential costs, but they are vital for a thorough understanding of the property’s condition, especially in cases where specific concerns or risks are present.

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How can I negotiate inspection concerns?

Once the inspection reveals issues, you, have several options to negotiate with the seller. Here’s how to effectively approach this negotiation:

Review the inspection report thoroughly

First, carefully review the inspection report to understand the extent of the issues. Prioritize concerns based on their severity and cost to repair. This will help you decide which issues are most important to address.

Decide on your approach

You have a few options for negotiation:

1. Request repairs: You can ask the seller to make necessary repairs before closing. Be specific about what repairs you want done.

2. Seek a price reduction: If you prefer to handle the repairs yourself, negotiate a lower sale price to compensate for the cost of future repairs.

3. Request a credit: Alternatively, you can request a seller credit at closing, which effectively reduces your closing costs and provides you with cash to make repairs after purchase.

Consider the market

Your negotiation strategy may be influenced by the current real estate market. In a seller’s market, where demand is high, sellers may be less inclined to make concessions. Conversely, in a buyer’s market, you might have more leverage.

Communicate effectively

When presenting your requests to the seller, be clear and reasonable. Provide evidence from the inspection report to support your claims. A well-reasoned argument can be more persuasive.

Be prepared to compromise

Negotiations often involve give-and-take. Be prepared to compromise and decide in advance what you’re willing to concede.

Consult with your real estate agent

Your real estate agent can provide valuable advice on negotiation strategies and market conditions. They can also handle the communication with the seller’s agent.

Know when to walk away

If the inspection reveals significant issues and the seller is unwilling to make concessions, be prepared to walk away from the deal. It’s important to ensure that your investment is sound and aligns with your expectations.

Should I waive the inspection contingency?

Waiving the inspection contingency is a significant decision that should be approached with caution. While it can make your offer more attractive in a competitive market, it also increases your risk. Here are key factors to consider:

Understand the risks

Waiving this contingency means you agree to buy the property regardless of any unseen problems. This could lead to unexpected and potentially costly repairs after purchase.

Market conditions

In a highly competitive market, waiving the inspection contingency might give you an edge. However, weigh this against the potential risks of undiscovered issues.

Property age and condition

For newer homes or those you’ve thoroughly previewed and appear in excellent condition, the risk of waiving might be lower. Conversely, for older or visibly distressed properties, an inspection is more important.

Alternative strategies

Instead of fully waiving, consider a modified inspection contingency, like a “pass-fail” approach where you only back out for major issues, or setting a financial cap on repairs.

Consult with professionals

Discuss with your real estate agent and possibly a legal advisor. They can provide insights based on their experience and your specific situation.

Financial readiness

Ensure you’re financially prepared for potential repairs if you’re considering waiving this contingency. Having additional savings set aside for unforeseen problems is crucial.

Other common contingencies in home sales

There are other contingency clauses you might need to apply when buying a house, such as:

To learn about these, click on the links above or see our post, “What Does Contingent Mean in Real Estate.”

Make a purchase offer with more confidence

If you’re still in the planning stages and haven’t started shopping for a home, HomeLight can connect you with a top-rated agent in your market with experience in home inspections and contingencies.

A closing note to existing homeowners

If you’re a homeowner concerned about other contingencies you might need to include in an offer for your next house, such as a home sale contingency, consider HomeLight’s Buy Before You Sell program that lets you quickly and easily tap into your existing equity.

Not only does this program help you make a stronger, more attractive offer with fewer contingencies, but you won’t need to move twice, saving you time and money. Then you can sell your current home unoccupied and staged. According to a recent HomeLight survey of top agents across the country, a well-staged home can sell for 13% more than an unstaged home.

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