Home Inspection Rights

Your rights as a homeowner:

While laws may vary by state, generally, anyone coming onto your property without your permission could be considered a trespasser.  You don’t need a sign or a dog for someone to use common sense but we are running into it more and more in this market.    If a potential buyer (or an inspector hired by the buyer) wants to take a peek at your roof or anything else, there should always be some form of written communication (text or email) verifying consent from all parties…especially by the one who’s name is on the deed. 😜

But what about an inspection during a showing?

With the low housing inventory and the competitive seller’s market, Realtors and inspectors started working towards a solution that made sense for both sides of the transaction: pre-offer inspections. A pre-offer inspection could be a) one that the seller has provided as part of their marketing information to the public; or b) one that the buyer has arranged during their initial house viewing.   This is done to ensure there are no big-ticket items the buyer will be saddled with post-close since they will likely be waiving their right to negotiate repairs or to back out of the offer due to inspection findings.  Timing is everything in this scenario as the buyer, agent and inspector would all need to be available at a time that is convenient to the homeowner.  Even so, the buyer’s agent would legally be required to request permission from the homeowner to allow this to happen during the potential buyer’s viewing.   

Professionals should know not to trespass

A licensed professional should know that, by law, they are not allowed on anyone’s property without the homeowner’s express consent…regardless of whether they are a Realtor, Appraiser, Inspector or Contractor.  

So, if Andy the Appraiser, Bob the Builder or Paul the Plumber show up unannounced and without express permission from you, as the homeowner...send them packing!   Then immediately call your agent so they may make the necessary call to the potential buyer’s agent, boss or broker to ensure that it does not continue to happen. 😬