Real Estate Law

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I would like to know what the law is regarding the buyers…

Customer Question
I would like to...

I would like to know what the law is regarding the buyers inspector and what has to be done to get a report amended should they make a mistake and refuse to fox it

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have called the inspector and he said the report is already closed and he's not going to fix it

Lawyer's Assistant: Where is the property located?

Parker CO

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope that's all

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 9 minutes by:
3/19/2018
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 1 month ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,104
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 1 month ago

I am working on your answer now. I am sorry for the delay. It takes some time to prepare a complete answer. Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for your patience and understanding.

Kind regards,

Gerald

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Customer reply replied 1 month ago
Thank you
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 1 month ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

There is no specific statute that addresses property inspections in regard to the buying and selling of property. It is purely a contractual issue between the parties.

You do not state what the error pertained to so I have to respond generally.

The Seller's agreement with the Buyer is conditioned on an inspection that the Buyer is satisfied with. The Buyer is not bound to accept any specific portion of the report and is free to ignore the recommendations in it if they wish.

If there is an error in the report and both the seller and the buyer agree about that, then that portion of the report ca be ignored by the parties if they wish.

If there is a third party lender that is conditioning the release of funds on repairs being made, then a Contractor can certify that the repair was not necessary because the report was in error.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 month ago
my concern is that the buyers inspector made an error in regards ***** ***** front porch. He said that the porch was sinking but then I followed up with him the day after and he stated he made a mistake. He told my realtor that because us as the seller didn't pay for the inspection that he doesn't have to fix the report to show accurate information. Is this not against the law
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 1 month ago

Thank you for the additional information. His report is between the buyer and him. He has made an error, but his relationship is with the Buyer. So he has no direct obligation to you. You can speak with the buyer about obtaining a corrected report or obtaining a supplemental report. You can have your own expert state that the buyer's report is wrong.

But it is unlikely that you have an action directly against the inspector. There is a type of law suit that some jurisdictions recognize called "Interfearance with Contract." It is not typically used in these situations but you could explore it.

It would be cheaper and faster to negotiate directly with the Buyer and tell them that this portion of the report is in error and you will not take accept it.

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 1 month ago

What is the buyer saying about this part of the report?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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