Is It Legal For A Home Be Sold Without Getting An Inspection? Here's What To Know

Whether you're buying or selling a home, it doesn't take long before your life starts to revolve around paperwork. So it's no surprise that some people think it makes sense to skip a home inspection, especially if the house looks fine and the deal's moving along. For anxious buyers who are eager to close, or sellers who want to keep the momentum going as markets start to slump, home inspections can seem unnecessary. But skipping one isn't just about saving time. Although it is legal for a house to be sold without getting an inspection, it's a terrible idea that can turn a dream home into an expensive nightmare.

There are several benefits of getting a pre-sale home inspection for both buyers and sellers. A professional inspection gives buyers a realistic picture of what they're purchasing, and gives sellers a chance to fix issues or renegotiate offers before they become deal-breakers. Without one, both sides are relying on guesswork combined with a deep level of trust in total strangers.

Although legally there's nothing stopping a home from changing hands without an inspection, there are mandatory disclosure requirements in almost every state. Some sellers purposely list their homes 'as-is' to let potential buyers know they'll need to factor in the cost of any necessary repairs themselves. But they still must notify potential buyers of any known defects, like leaky roofs, foundation cracks, or pest problems. Even if no inspector is involved during the purchasing process, failing to disclose problems can lead to serious legal consequences later for both the seller and agent.

A new state law reinforces why home inspections matter

As the housing market took off during the pandemic, many buyers waived inspections to make their offers look more attractive to sellers. The trend resulted in serious cases of buyer's remorse when major structural issues, termite damage, and other hidden problems that inspections are designed to catch started to show. The hassle doesn't just cost buyers a fortune to fix. Sellers can also face legal exposure if disclosures didn't mention those frequent termite treatments or that weird crack in the basement that was quickly covered up before a listing hit Zillow.

Each state has different laws governing property sales, from foreclosure processes to title search and deed requirements. Massachusetts recently passed a law that prohibits sellers and agents from accepting offers that are contingent on buyers waiving home inspections. Both parties to the newly revised standard Massachusetts real estate contract will have to acknowledge that the buyer's right to conduct a home inspection cannot be waived. That doesn't mean that buyers must get an inspection, but it does ensure their right to one. New construction is excluded if a builder offers a one-year home warranty, and properties sold at auction or being transferred between family members are exempt.

Although some feel the law protects buyers from closing on problematic homes during hot markets, others think it's unnecessary given that current housing trends are far less competitive as a result of rising interest rates and increased inventory. Still, it reinforces an important principle you should consider during your next move. Skipping a real estate inspection might save you a day or two during the buying process, but it could cost you years of regret.

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