Why is a home inspection denied? I really want to buy that home, but they are not allowing me to have a home inspection, is something wrong? Does a seller have the right to refuse entry to my home inspector?

A)  So, you really like the home you are about to put an offer on and your real estate agent tells you that the seller will not allow a home inspection.  That you will have to purchase the property without a home inspection.  

B)  You purchase a home, you have a signed accepted offer, complete with a home inspection listed in your subjects. You do your homework, hire a very thorough home inspector and the seller refuses to let you in the door with your inspector.

C)  You purchase a home, you have an inspection, your inspector discovers problems.  You reveal the problems to the owner and even provide a copy of what your inspection report said about the problem areas.  The home owner claims to have fixed all the problem areas weeks later, but requests that if you wish to put another offer on the home you can’t use that inspector again.

What do situations A,B & C have in common?  Inspection – Denied!

Things you may want to know…

Anytime a seller refuses a buyer to have a home inspection performed or refuses entry to one particular home inspector, consider it a big red flag, flashing red warning lights or even a siren going off.  

Ask yourself the following:

Why is the seller refusing entry to this particular home inspector?

Why is the seller completely refusing a home inspection?

Is the seller trying to cover up problems with the home?   Most likely yes and yes and yes.  

Unfortunately, some sellers will lie on the disclosure form, even if it means the risk of being sued. The seller who lies on the disclosure form not only puts themselves at a risk of being sued, but also jeopardizes the real estate agent too.  If a real estate agent knows about the problems and fails to disclose them to a buyer, the real estate agent is just as guilty trying to cover up things as the seller.

Just to let you know situation “C” really happened to us.  We had an accepted offer on a house and the inspector found that several window sills were rotted out.  The previous owner had used a type of waterproof rubberized paint (elastomeric) on the exterior of the house, so the inspector could not see how far the rot went down into the walls because of this.  The owner offered to get the repairs done and invited us to watch the repairs at the time they were going to be done, so we could see the amount of rot for ourselves. Over three weeks went by and yet no phone call to come watch the repairs. 

Since we lived very close to this house we drove by it daily or every second day.  One day we noticed a painters truck there and they were painting over all the rotted sills.  We called our realtor and the sellers claimed they already fixed all the rot problems. The owner then had the gall to say they were insulted by our inspector and that if we wanted to put another offer on the place we couldn’t use that inspector.  We laughed and thought that the seller must think we are really dumb if we would fall for that.  Not use the same inspector that discovered the rot problem?  Maybe they thought if we used a different home inspector that the new inspector wouldn’t notice all the rot was covered up with paint now. 

Remember…

If a home inspection is being denied in any way, shape or form the seller is covering up known problems with the home and it is best to walk away.

 

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7 Comments (+add yours?)

  1. coconews
    May 22, 2008 @ 06:20:35

    Just to let you know we have viewers from the UK, US and other parts of Canada referred to this blog or linking my threads to their sites on a daily basis. Please take that into consideration when making comments as this is not just a local blog anymore.

    All are welcome to add to the comments no matter where you live.

    Thank you

  2. Larry Yatkowsky
    May 22, 2008 @ 19:55:57

    A: Sure a seller can dictate that you cannot have an inspection. It’s as simple as scratching out the clause. (see below)
    While it is his choice to say no and they can – they minimize their ability to sell. As the Buyer, you got to ask yourself is this a game you want to play?

    B.The agreement contains a clause that stipulates the following:

    Subject to the Buyer, at the Buyer’s expense, obtaining and approving an inspection report by DATE.
    This condition is for the sole benefit of the Buyer. The Seller will allow access to the property for this purpose on reasonable notice.

    The key word is WILL allow.

    Should the Seller refuse, they are in breach of the agreement having jeoprodized the Buyer’s ability to fulfill the condition.

    The Buyer can choose to proceed with the agreement but as the Buyer’s Realtor it would be prudent to now insist on a separate disclaimer in respect of the wisdom of the Buyer’s decision to proceed.
    Further, while your guts may want to start a fight, wisdom and budgets will prevail. Better to move along.

    C. Nonsense! As the Buyer, it’s your choice of inspector, not the Seller’s.

    Remember the fundamental premise of a real estate transaction: You need a WILLING Seller and a WILLING Buyer. If either does not exist then the odds of finding common ground for a transaction ceases.

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  4. jessica freeman
    Jul 14, 2008 @ 21:12:41

    Hey

    I really enjoyed reading your blog. I was searching for real estate relevant sites when I found your blog, in fact I had been searching for a company to do a home inspection for me and I found a great company called http://www.homeinspectionspecialist.com much the same way as I found your site. anyways they inspected my new house before I bought it and I found out a lot of things about it that I would have not known without the inspection. In fact their inspection report help me get over $40,000 off the asking price. I look forward to all the updates. Thanks again,

    Jessica

  5. Anna
    Nov 18, 2008 @ 23:05:07

    I have a question. We have finally got acceptance on a short sale from Indymac a 3 month ordeal. The loan is FHA which requires certain repairs to be done prior to the close of escrow. All of a sudden the sellers are being uncooperative and will not allow any of the contractors in or on the property to complete the repairs. Do we have any recourse in them refusing access? The sellers have signed the contract and were aware of the repairs needed. The buyer is even paying for the repairs with their own funds!!! We are down to 10 days til the contract expiration? Please let me know your thoughts. I appreciate your help.

  6. coconews
    Nov 20, 2008 @ 08:31:20

    Hi Anna,

    Yikes! The question is why are the sellers violating the contract? Have they caused more damage to the place in the mean time or do they plan to strip the place clean when they leave? Some people even take the door knobs, etc.

    Yes, you do have recourse as they are in breach of your contract. You can hold back additional funds and/or demand access. Threaten to not proceed with the deal, that should get them into action.

    Your lawyer should be able to direct you further.

    Let me know how it turns out.

  7. Andrew
    Aug 08, 2011 @ 11:23:13

    I have never come across a denial of home inspection. In fact since home inspections are becoming more regulated and standardized the home inspections are usually done by the Seller’s agent!

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