Buyer-Generated Inspections Provided to Seller
Buyer-Generated Inspections Provided to Seller
RPA Paragraph 12.D – Requires Buyer-Generated Investigation Reports to be given to Seller
Seller shall make the Property available for all Buyer Investigations. Buyer shall complete all Buyer Investigations and either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all such Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement.
- All reports must be delivered to the Seller. It is your duty as the Listing Agent to make a diligent effort to obtain all reports. If the Buyer ever chooses to sue the Seller based on information that was either covered or not covered by a report and the Seller does not have a copy, they are at a serious disadvantage. Having reports is proof that the Buyer fully investigated the property using licensed inspectors. Without these reports the Buyer could allege failure to disclose on the part of the Seller.
- The best way to prove that reports were delivered to the Seller is to have the Seller sign the cover pages for each Buyer-generated report.
- Buyer should also list and attach any Buyer-generated reports on a Request for Repairs which would show that Seller has access to these reports.
- If Listing Agent refuses to have Seller sign off on top pages of reports, then have the Listing Agent send you an email stating that they refuse to have the Seller sign report cover pages.
- If Buyer’s Agent does not provide Buyer inspections, Listing Agent needs to document that they asked at least 3 times and upload the 3 written requests to Command.
- If all else fails, send cover pages to the Title Officer and ask to have the Seller sign them at Closing.