Minor deficiencies on Inspection 

It happens all the time. A buyer makes an offer conditional on a home inspection. On that inspection, minor deficiencies are discovered such as a leaky faucet. The response from the buyer is to waive the inspection condition but to also amend the agreement to provide that the Seller will complete a laundry list of fix ups before closing at their own expense. The problem is that from a practical perspective, the buyer is left with few options in the event that the fixes were not complete or were completed but not properly.  

  The fixes we are talking about here do not have a large monetary value. They are more annoyances. Leaky faucets, broken stairs, re-caulking a window, replacing a couple missing shingles, etc..  

   Practically speaking, it will almost never be worth it for a Purchaser to pursue these types of items through the legal system if they are not completed by the Seller as promised.  

 One Solution? Rather than having the Seller complete the work, push for a price abatement (reduction) of an amount which will cover the cost of the repairs. That puts the control back into the buyers hands to ensure that the work is done right. There is a risk that the repair will cost more than your thought, but if you have done a good home inspection then you should be able to make a reasonably educated guess as to the cost of the repairs.  

  What does Tammy think? 

  I do agree with Jason, if you want it done right, have it done yourself rather than relying on the seller to fix it. (It wasn't fixed while they were living there, the chances of it being done to your satisfaction is nil.)  

 BUT LETS BE REALISTIC!!

  When buying a resale home, often it is expected that there will be minor issues in the home. After all, it’s not brand new. (Even brand new homes, has its issues) 

  The Home Inspection is not in place, to re-negotiate the Purchase Price. 

  My thoughts are that a home inspection is to identify Major issues in the home. That is why you are paying a home inspector. You can see a leaky faucet, squeaky floors, or a bathtub that needs to be re-caulked. These annoyances could be easily fixed by the buyer and may be insignificant to ask for "$500.00" off the purchase price.

However, if the furnace is on its last legs, or the HRV is broken, the roof needs to be replaced right away, or there are some foundation cracks, then a price abatement would be justified. For a reputable home Inspector in Orangeville, click here.

  Lets Pick our Battles! 

 If you are in need of a lawyer, please contact:

I

Jason A. Self, B.A. (Hons), L.L.B.

Stutz & Associates

269 Broadway

Orangeville, ON, L9W 1K8

Tel: 519-941-7500

Fax: 519-941-8381

email: jself@wstutzlaw.com

web: www.wstutzlaw.com