Pre Listing Inspection
Reduce the Risk of Seller's Liability with a Pre Listing Inspection
In many states, there is a law that states that the seller of a house must disclose any known problems with the property. While the most common response to this is for sellers to claim that they didn't know about anything that isn't blatantly obvious, this defense may not hold up in court. That is especially true for people who have lived in a home for a number of years. By then, it could be argued that they would have found out about any problems there are, and were at least negligent if they didn't check around their own properly well enough to find them. Practical matters, such as the physical difficulty of getting up on the roof or checking in between floors and ceilings, may not hold enough weight in court to allow for them to be successful defenses.
One way to avoid this difficulty is to get an outside pre listing inspection. A pre sale inspection involves getting a professional inspector to come out and look at the property. Any defects are noted, and sometimes, repairs are suggested.
This helps to avoid legal difficulties because then, a seller can mount a defense that an expert was called in to find problems. Therefore, anything not on the expert's list likely was not a problem at the time of the sale. Even if it was, hiring a pro to do a pre listing inspection shows a good faith effort to find out about the true condition of the home before listing it.
Because of this, a pre sale inspection is great for reducing legal liability. If the seller wants to increase the home's potential value, he or she can have the issues fixed, as well.