I received an email from an agent late last night that I did an condo (apt style) inspection for, a few weeks back. I couldnt believe what I was reading.
He hasked me if the unit that I inspected, has any of these and then he attached a paragraph what looked like was copied from another email (maybe a buyer).
“The Seller warrants that, to the best of his/her knowledge and belief, the property does not contain any hidden defects, including but not limited to: urea formaldehyde foam insulation (whether existing or removed), buried fuel tanks, termite infestation, lead-based paint, mold, radon gas, arsenic-treated lumber, asbestos insulation, vermiculite insulation or Kitec/Kitec-type plumbing. Further, the Seller warrants that, to the best of his/her knowledge and belief, there have been no deaths, by natural causes or suicides or murders on the subject property at any time. These warranties shall survive the closing of the transaction, but shall only apply to circumstances existing at or before the closing date.”
That is a statement directly from a Sellers Disclosure Statement. The Agent is trying to get you to accept any future liability for anything that may surface.
What you need to remember is that what YOU know, and what the SELLER has knowledge of, ARE NOT the same thing. Your knowledge spans a few hours in time. The Sellers knowledge for sake of the Disclosure Statement spans the entire timespan of ownership.
My reply would be that my report contains ONLY the information on any concerns that I observed at the time of the inspection, and that latent (hidden) defects/concerns are just that… hidden… and beyond the purview of your inspection.
“Hi _____
As per the inspection agreement, the inspection is visual only and does not include latent (hidden) defects. It also does not include inspecting for radon, mold, asbestos, lead paint or termite infestation. Also, since the inspection in non invasive, there was no removal of walls, floors or ceiling and there was no attic, therefore, no insulation was observed and inspected.”
do you not offer radon tests, or termite inspections? that would have answered those questions.
I always try to upsale the inspections to always include
Radon,
Termite inspection, I’m state licensed…
and a sewer scope inspection.
If they do not pay for it, there is no way of knowing it is there and its never in my report.
As radon, and termite gets its own report.
separate agreements as well.
Hi William,
Not at this time. I am working on Pool and Spa and then Mold certification after that. Radon will follow as well. Definitly those things I will be adding.
In this current market, buyers are foregoing inspections. This seems to me to be the Buyer playing the legal loophole game with the Seller regarding FULL Disclosure to get around an inspection.
OP is based north of Toronto Canada. They may not have Termite issues in that region.
No need to harp on him in his area of operations that you likely know little about!!
From my education, there is sometimes a need to test for mold. Microbial growth is often visible and is noted in my report. Depending on circumstances, sampling may be prudent in order to determine what type(s) and concentrations may be present and decide what next steps are recommended.
Sorry to hijack your thread, Max. I couldn’t let that one slip by unchecked
I agree with JJ. and Larry. The agent may be pulling a fast one. I think your response was appropriate.
Most of the mold tests I do are for the largest mold remediator in town https://molddrsusa.com/
When people call them and describe their apparent problem, I get called to go investigate and sample. I send them my findings and a copy of the lab test and if remediation is needed, they bid on cleanup based on my inspection and feedback. They trust me just fine.
Ok, I’m not even going to respond to this one. It’s getting too stupid in here. I’m out.
That’s completely different then doing it at an inspection.
Well anyways this is off topic now. I have a mold sampling pump kit. Never used it. Maybe I should contact the remediation companies in town.
Thanks.
