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annie_stark89

Do I get the money back for the inspections?

Ryanne Fisher
3 years ago

I put in an offer on a house that had only been on the market for a few days. The seller sent a counteroffer, which I signed. I put down $1000 in earnest money and last week I paid for the home inspection and the termite inspection. After viewing the inspection report, the seller has decided she is not going to make any repairs; there are a few safety-related repairs and the roof is bad. Since my lender will not loan me the money for the house as is, I had no choice but to back out. Do I get my money back for the inspections?

Comments (26)

  • sushipup1
    3 years ago

    No.

  • Ryanne Fisher
    Original Author
    3 years ago

    If that's the case, I'm going to have to just find something to rent. I can't keep throwing money away like that. I don't know how people do it!

  • Mrs. S
    3 years ago
    last modified: 3 years ago

    Are you represented by a realtor?

    While I don't think there is any way to get your money back, this situation seems like the kind of thing that an excellent pair of realtors (buyers agent/sellers agent) can work through to complete the sale. For example, if the house really needs those repairs, let's say, $30,000 of repairs, and the seller is now claiming not to have known about the need for those repairs, then the realtors would likely explain to the seller that they need to either do the repairs themselves, or discount the price for the repairs...so the house can eventually sell. And they can work together to see the sale through to closing. In California, it is my understanding that at this point, the seller cannot now fail to disclose the necessity for roof repairs. And really, the seller's agent, being aware of this, has a responsibility too, to ensure these facts are disclosed, in the future.

    I'm wondering if the laws are so different where you live that this type of thing isn't disclosed up front.

    BTW, you are lamenting $1000 and wondering how people do it...? Well, just wait until you're a homeowner. Home inspectors don't find everything---they just don't. Be glad yours found the roof and other safety issues. Home ownership means a lot of money for repairs.

  • Jennifer
    3 years ago

    Are you working with a realtor? Let them know your budget for the house AND your budget to make the transition. The last home I bought had a recent inspection on file that I accepted instead of paying for a new one.

    Ryanne Fisher thanked Jennifer
  • function_first
    3 years ago
    last modified: 3 years ago

    it seems more like you’re a good example of why inspections are NOT a waste of money. Your inspection saved you from moving into a house that needed very costly repairs. For the last 4 home purchases, I have always rehired the same inspector, who was expensive, but on average saved us about 10x his fee by providing great documentation of costly repairs. However, it takes a good and diplomatic realtor to take that report info and make the seller see the wisdom of making the repairs or adjusting the price.

    Ryanne Fisher thanked function_first
  • Ryanne Fisher
    Original Author
    3 years ago

    Stax, I am a first time home buyer and I'm on my own, so I am learning as I go. I was told that in order to get a home loan that both an inspection by a licensed home inspector and a termite inspection by a licensed exterminator were required.

  • Ryanne Fisher
    Original Author
    3 years ago

    Mrs. S, I am fine with losing the $500. But it's possible that it could happen again and again. I am a first time home buyer and I'm on my own. So I didn't know going in that this would be a possibility. Had I known, I would have saved double the down payment just for that, in addition to the "just in case" repair money that every homeowner should have saved. Thanks for your reply.

  • Mrs. S
    3 years ago
    last modified: 3 years ago

    "I'm a first time home buyer and I'm on my own."

    Most everyone here has been a first-time home buyer at some point. Do you have friends and contacts who are homeowners who can at least answer the dozens of little questions you might have?

    Do you have a licensed "realtor," who you obtained by reviewing everything you could find about that person online? I would join Nextdoor in the area you are seeking a home, and read previous threads about local, successful, experienced agents. That's what you're looking for. Someone who can help and advise you.

    Then, you can start reading about buying a home. I'm sure there are a number of websites. in fact, you can read all the posts on this forum (Buying & Selling Homes). There is a lot of wisdom and dos & don'ts.

  • maifleur03
    3 years ago

    As a first time home buyer one of the things not often mentioned is that if a older house looks really good look below the surface. Most older homes will have problems that will need to be corrected. Probably if you go back to that house and look up you will see why the roof needs replaced. Think of it as a study although if it is just the age of the roof and not damage you may not find anything. When you search take a flashlight with you with a very bright beam. Where you can look up in the basement for any signs of water damage or joists that were cut to run utilities. One cut joist part way through is fine. Cuts running the whole length of the house is a flipper that did not know or care what they were doing.

    As far as termites it will depend. This house had evidence of termites but the whole house had been treated. Some lenders that is all that is needed unless it is something that must be repaired to make the house safe.

  • User
    3 years ago
    last modified: 3 years ago

    As previous response have asked: do you have a realtor?


    there are books such as home buying for dummies, many magazine articles.


    $1k deposit?....are you buying a less than $100k property....A year ago, I put into escrow 5%.


  • new-beginning
    3 years ago

    sorry but you can't get the money back from the inspection, just the earnest money

  • PRO
    MDLN
    3 years ago

    Was OP asking about "$1000 in earnest money," or $$$ paid to inspector? (I thought it was the $1k earnest money.)

  • kudzu9
    3 years ago
    last modified: 3 years ago

    mdln-

    “Do I get my money back for the inspections?”

    Seems pretty clear...

  • Denita
    3 years ago
    last modified: 3 years ago

    @Ryanne Fisher, I'm a Realtor and the posters above are right - you get your EMD back (the $1000) but not the inspection money. I am assuming you provided a cancellation of contract to the seller on a timely basis. As pointed out up thread, the inspection money got you the professional inspection reports + kept you from spending a great deal on repairs/replacements after closing so that was money well spent.

    If you had chosen to work with an experienced Realtor/buyers agent, you may have never made an offer on the property initially given the age and condition of the roof. It's hard to know from here, but in our MLS roof age is readily apparent but that is not always the case with different MLS systems. In any event, an experienced Realtor can help you navigate the purchase process so you don't end up throwing away inspection funds on a property with readily visible (to the agent) maintenance or potential building code issues. Find one in your area.

    It is especially difficult to buy in a hot market without a Realtor. Especially for a first time buyer. If you are working with a FSBO it can be even more difficult because you are relying on the seller for accurate information and it isn't unusual for a seller to not know a given item but fail to tell you he doesn't know. Or he guesses the answer. I've seen it many times with sellers. I'm trying to say this in a tactful way, but everything the seller says or provides needs to be verified by the buyer so you know what you're getting into with the purchase.

  • Louise Smith
    3 years ago

    Apparently the seller really meant "as-is". Unfortunately for the seller, the defects are now "known" and, in most locations, must be disclosed to potential future byers.

  • Denita
    3 years ago
    last modified: 3 years ago

    I'm in a market that sells AS IS also and it is common to negotiate repairs or price after the inspection reports are completed within the contract inspection period. This is not for tiny things (typically) but is used for major items: roof, electric, plumbing, HVAC, termites, wood rot etc. It does affect the price of the property when the seller has deferred maintenance. Not all deferred maintenance is immediately visible on the initial walk through or disclosed on the sellers disclosure. That's why buyers need to get a professional inspection report(s) so they have a better idea of the property condition and can either cancel the purchase or get the credit to make the repairs. I've even been able to negotiate a new roof to be installed before closing several times (by the seller) when the roof condition prevents the sale (house is uninsurable and the buyer is getting financing). There are lots of ways to put together a purchase that works for both the buyer and the seller.

  • blessed020506
    3 years ago

    I know the inspection company did their job, but can you sell your report to new potential buyers who are probably going to end up paying to get an inspection? Can you arrange something with the buyer's realtor?

  • mtvhike
    3 years ago

    Now that the seller knows about the defect, can he lower the selling price by that amount? Not just for you, but for all future buyers (he cannot hide it).

  • Angela M
    2 years ago

    I see A LOT of people beating up the original poster. As a first time homebuyer under contract pending inspection and FHA appraisal, I found this article by searching the same question: am I out the $700 (in my case) for inspection if the seller backs out? And to be clear, my question was a BIT more specific in that I wondered if the seller fails to disclose something major, would I still be on the hook to pay?


    First of all, go easy, guys. Some of you may have hundreds and thousands of dollars to throw away, but some of us who live on our own and are chasing this major life venture of no longer paying rent and finally owning our own homes have a bit less cushion. It in no way makes us any less deserving. We will all have questions. I just wish those questions were met with a bit more kindness and understanding rather than criticism and mockery.

  • kudzu9
    2 years ago

    Angelo-

    Are we looking at the same thread? I don't see anybody beating up on the OP. There's a lot of patient explaining and advice for this first time homebuyer, but I fail to see the "criticism and mockery."

  • mtvhike
    2 years ago

    I agree, Kudzu, but she never answered the question "do you have a Realtor?". I thought that if you're getting a mortgage, the bank hires the inspector. When I recently sold my "as is" house to an all-cash buyer, his offer included having an inspection, and he sent me the 50 page inspection report. There were a few minor issues, primarily electrical, so I said "get an estimate and I'll reduce the price by that amount". However, in this hot market, he couldn't find an available electrician, so he offered me a fixed amount and we settled. Among the issues was an open hole in one of the metal junction boxes in the basement, and one receptacle with reversed wiring. I was able to correct both of them in an hour.

  • Hassan Echchari
    last year

    I had the same thing ..just psid the inspection fee ..snd the seller chosed an other buyer ,


    my agent says i will get the earnest mony only .


    thats not good ..i neec my $500 inspection fee too..bebecause i didn buy it , im the first time buyer too..now im try to find something else but i scared to have the same situation unfortunately ,

  • bry911
    last year

    @Hassan Echchari - Are you in the U.S.?


    In the U.S. it is customary to pay for an inspection only when you have the property under contract. Which means you have the exclusive right to purchase that property under the terms stated in your purchase agreement.

    If you don't have an active purchase agreement (either because your offer wasn't accepted or your purchase agreement expired) then the money paid for the inspection is just a loss. If you do have an active purchase agreement and the seller sold to someone else anyway then you should be able to recover any money spent in good faith.

  • blubird
    last year

    @bry911, when i bought and sold in NYC, unlike most other places, the the inspection took place after you put a binder down but before there was a formal signed contract. You then negotiated the contract price based on inspection finding. I suppose the binder being a

    ”binder” was a binding purchase agreement and don't know if the seller could just cavalierly decide to sell to someone else . Just wanted to point out the sequence of inspection to contract differences.

  • HU-312102723
    last year

    I am currently looking for a manufactured home, found one, had a signed agreement with the seller and was preapproved for a loan. Guess what happened? The lender decided he wanted 35% down instead of the original 5% down. Lender based his decision on the frequency of foreclosures and bankruptcies in the age 55 and up mobile home park. It is barred with this lender. The decision had nothing to do with my credit though! I lost my inspection money $475 and now I am wondering if the seller's agent knew this. My realtor promised to help me with the next inspection, because he is a nice guy. The loan officer even checked with other lenders. I am also afraid to make another offer on a home if I find one within my budget.Too many issues with older manufactured homes and lenders not wanting to lend. I may just continue to rent an apartment or maybe a room and save more money for a down payment. Heck! Maybe I will buy a boat to live on!!! Just a thought.