An issue that frequently arises early on in real estate transactions is when the seller wants to sell their home “as is” and the buyer wants to have a home inspection.  More often than not these seemingly adverse positions can lead to the contract needlessly falling apart. Having been on both sides of this conundrum I am here to tell you that the home can be sold “as is” by the seller and the buyer can have a home inspection too.

Generally, a home inspection is always a good idea for prospective buyers. When home buyers are not permitted to get a home inspection more often than not the deal will fall through because the buyer wants to know what he/she/they are spending their life savings on. Also, buy not allowing the buyer(s) to get an inspection, it makes it appear as though the seller has something to hide.

Just because a home inspection shows some problems with the house does not mean that prospective buyers will back out of the deal. They can then weigh their options and their finances against how much they want to buy that specific house.

The “as is” part of the deal comes into play because the seller does not need to remedy the problems or give the buyer(s) any credits or reduction in purchase price because a home inspection comes back as unsatisfactory.

Ultimately, a revealing home inspection may help the seller in the long term for two reasons.  First, if a major problem is shown to exist, the seller may need to adjust the asking price to take into account the defect.  Second, the seller may be able to save hundreds of dollars in inspection costs if they are able to obtain a copy of the buyer’s inspection report.

Christopher Stringham

Email: cstringham@mcvlaw.com

Phone: 315-471-1664

Christopher Stringham graduated from Western New England College School of Law in 2010 and was admitted to the New York State Bar as well as the United States District Court, Northern District of New York in 2011. He is a member of the New York State Bar Association, Onondaga County Bar Association, and the Injured Workers’ Bar Association of New York. He has been a member of Meggesto, Crossett & Valerino, LLP since October 2010.