The answer is no. A home inspection is a critical step in the home buying process. It is not something we would recommend anyone to waive. Lawsuits have already begun due to this current trend of home buyers waiving inspections.
Getting a home inspection before purchasing real estate will offer agents, sellers, and buyers a necessary layer of legal protection. The home inspection industry was created because previously buyers would purchase a home only later to realize they were upside down in a money-pit. Buyers suddenly realized they owned a home with major structural and safety issues without viable options for repair. As a result, real estate agents were being bombarded with legal action against them for selling homes with these major undisclosed deficiencies. Now we are seeing this trend start to surface again on a larger scale. Waiving the home inspection is a risk that can land buyers in substandard living conditions and open the likelihood of legal action against sellers and real estate agents.
You may think, “I have a seller’s disclosure. That’s enough.” often times the sellers discolure missing many detrimental issues the house has that the sellers might have never noticed. The seller’s disclosure notice or statement is anecdotal and does not serve as a substitute for inspections. It certainly does not protect the buyer and very often will NOT give them accurate information about the home. As a home inspector of 20 years, I witness failure to disclose major concerns on the seller’s disclosure regularly.
In today’s highly competitive Kansas City real estate market, some real estate professionals are advising or even pressuring clients to waive the home inspection to make their offer more attractive to the seller. Waving home inspection is exposing all parties involved in the transaction to legal action.
You can find court cases that have held the real estate agent liable for damages, even when the client signed an inspection waiver. Real estate professionals are held to a very high standard of care for their clients. Waving the home inspection is also putting the buyer and their family’s health and livelihood at risk. What if the house does not have a single smoke or carbon monoxide detector installed? What if the wiring system is faulty and the house catches fire a week after closing? What if the basement has flooded in the past, and the mold remediation will cost 10% of the sales price? What if the foundation footings are sinking into the ground, and the repair cost is $20k? We find similar deficiencies and additional costs on a regular basis when inspecting homes of all locations, sizes, and price ranges. We anticipate the waiving inspection trend will be temporary, in part, due to the lawsuits that will inevitably arise. We highly recommend a full inspection for all buyers. Sellers may consider our Pre-Listing inspection option; this adds a thin layer of protection for the transaction with less worry of the contract falling apart.
If you are a Kansas City real estate agent or home buyer, we recommend getting a complete Kansas City home inspection to protect your interests and your family from purchasing a liability.
Gordon & Associates, LLC is available for all your Overland Park and Kansas City inspection needs. Schedule an appointment online or call us directly for scheduling 913-207-2769.