Example:
Seller stated on the condition report that the in-floor heating was not working. Buyer had a home inspection and the home inspector state that the in-floor heating was not connected.
Does the buyer have the right to ask the seller to repair the in-floor heating?
No. If the extent of the defect from the inspection matches the extent of the defect from the RECR. The buyer does have the right to ask for repairs only if the defect is worse in the home inspection vs what the seller stated in the RECR.
If, as a buyers agent, if there is a defect listed on the RECR and your buyer wants to be able to have it researched in the inspection, you have the following option: Cross out lines 210-211 of the residential offer to purchase and lines 341-342 of the condo offer stating, “For purposes of this contingency, defects do not include structural, mechanical or other conditions the nature and extent of which buyer had actual knowledge or written notice prior to writing this offer.”
5/8/2024