Dear Sue,
I am under contract to purchase a mobile home. I had a termite report and a home inspection.
I could accept the termite report because it was minor. The pest inspector found signs of termites but he said that it would only cost about $200 to get rid of them.
However, the home inspection was a different story. The inspector found missing breakers in the electrical panel, dead plugs and uncovered switch plates. The hall light switch didn’t seem to work at all.
The hot water heater wasn’t strapped properly and the smoke detector was missing. There were more items on the list that the inspector said needed to be repaired.
When I told my real estate agent that I wouldn’t buy the mobile home unless the seller fixed everything, she got upset. She said that a home inspection was a disclosure not a “honey-do” list.
She said that the seller wasn’t going to do any repairs.
I couldn’t believe it. I thought that sellers were required to take care of safety issues when selling a home.
Could you please shed some light on this? No pun intended!
~ Fix-it Frank
Dear Frank,
Your agent is right! Home inspections are a form of disclosure. They are not “honey-do” lists.
The California Association of Realtors purchase agreement is a “as-is” contract. Sellers are not obligated to do any repairs requested by the buyer.
On the other hand, buyers are not obligated to complete the purchase if they are dissatisfied with the inspections.
From a practical standpoint, market conditions will dictate the seller’s motivation. If the property is in high demand and the seller is receiving multiple offers it’s doubtful that he/she will be willing to make repairs.
If the property has been sitting on the market the seller is likely to be more eager to meet the buyer’s requests.
I don’t think that it’s unreasonable to expect the home you are buying to be safe. Two of the safety issues you mentioned are actually mandated by state law.
California requires sellers to properly strap the hot-water heater and install working smoke detectors in the appropriate locations before transferring title.
I would suggest that you get estimates from a contractor. Get an idea of what the repairs would cost. Ask for a cash credit from the seller and consider tackling some of the smaller items yourself.
Be prepared to negotiate it. It could be a matter of good Home $$$s and Sense.
Sue Thompson is owner and sales manager of HomeTown Realtors in Auburn. She can be reached at
seesue@seehometown.com, or on the Web at www.homedollarsandsense.com.
