A proposal in the Massachusetts state legislature could drastically change how buyers purchase homes in that state, and the change could have the momentum to spread to other areas.
A bill dubbed the “Act Protecting Consumer Rights in Purchasing Safe and Habitable Homes” would make home inspections a right in Massachusetts. This move gained traction because, in the last several years, during the very competitive market, some home buyers felt pressure to waive the inspection to sweeten an offer.
Here at Just For Buyers Realty, the topic of waiving a home inspection frequently comes up in conversation. We strongly warn against buying a home without getting it inspected before the closing. Simply put, it is a dangerous gamble that can cause safety and financial risks down the road.
“We always offer our guidance on ways to save money in the process of buying a home, but a home inspection is one area where it doesn’t pay to cut costs,” JFB agent Scott Saxton said.
While inspections reveal problems in older homes, it’s our advice that buyers should even get inspections on new construction properties.
“While people like to believe a new construction home equates to no issues, that simply is not the case,” said JFB agent Jennifer Reinholt. “Homes are built by imperfect people, so there will always be something imperfect in the build. I’ve never once had a new construction home inspection report come back clean. I always recommend a pre-drywall inspection as well – this is where we can catch any unforeseen electrical, plumbing and mechanical issues – just to name a few. I want my clients to have full peace of mind that they are getting a well built home, so I always recommend pre and post inspections.”
The Massachusetts bill would essentially remove the home inspection contingency as a bargaining chip. Instead, the measure would give buyers ten days from the time of an agreement to complete an inspection and five days to review the results. Sellers would face a $10,000 fine for failing to give access to the inspectors.
JFB does not do home inspections, but we’ve worked with inspectors from many different companies over the years. We’ve watched as certified professionals perform thorough investigations. Depending on the age of the home, what they find could be small issues, but often, they come back with large underlying issues. If the buyer loves the home, we advise that they request the seller to make repairs or renegotiate the sales price. If those requests aren’t met, we discuss options with our clients.
It remains to be seen whether this legislative initiative will set a precedent for other states, but the momentum generated in Massachusetts suggests a growing awareness of the need to prioritize consumer rights in the pursuit of safe and habitable homes.