What Is The Best Way To Handle a Home Inspection When Buying or Selling a Home in Naples or Southwest Florida?
When you are buying a home in Naples or Southwest Florida, we highly recommend a home inspection without exception, even if you are purchasing a new construction home. We believe it is extremely important to have a home inspection when you are purchasing a home in Naples Florida. Under certain circumstances, we even recommend a home inspection when you are selling a home in Naples.
Naples home Inspection
We receive many questions such as “What Is The Best Way To Handle a Home Inspection When Buying or Selling a Home in Naples or Southwest Florida?” or How To Handle a Home Inspection When Buying or Selling a Home in Naples or Southwest Florida? and we answer some people with a summary and a quick look at our high-level flowchart below. If that is not enough, we go through the incredible amount of detail in our standard contract regarding home inspections.
INSPECTIONS: Standard D.2.a of the Standard NABOR (Naples Area Board of Realtors) Contract Allows You, as the Buyer(s), to Conduct the following types of Inspections to any Property you are purchasing:
As the Buyer(s), you have 15 days after the Effective Date (we call this the “Inspection Period”) to have the following inspected at Your Expense as follows:
1. Systems and Equipment which includes: All appliances and equipment, including heating and cooling systems, electrical, plumbing and security systems, mechanical components, the roof (including fascia and soffits), ceilings, walls, windows and doors, foundation, swimming pool, spa, and pool/lanai enclosure(s), seawall, dock, boat lifts/davits and related electrical and mechanical components.
The Systems and Equipment inspections may be performed by an appropriately Florida-licensed inspector, inspection company and/or licensed contractor who holds a Florida license to repair and maintain the items inspected.
2. Radon Gas Inspection may be performed by a Florida certified radon measurement technician or specialist.
3. Lead-Based Paint or Lead-Based Paint Hazards Inspection may be performed by an EPA-certified lead exposure risk assessor.
4. Termites or other Wood-Destroying Organisms Inspection may be performed by a certified pest control operator, and/or
5. Air, Surface, Dust and/or Other Accepted Industry Sampling Inspection may be performed by a qualified indoor air quality inspector for the presence of toxic and pathogenic molds.
6. The Existence of Any Open Building Permits, non-conforming structures, unpermitted improvements, or existing violations of local ordinances or codes, by an appropriately Florida licensed inspection company, licensed contractor or attorney.
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All inspections shall be non-invasive, and the Seller(s) shall provide access and utilities service to the Property to facilitate the inspections.
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Naples Home Inspection
After the inspection (During the Inspection Period), the Inspector(s) will compile a detailed list of any items which are either not functioning the way they were designed to function, or in the instance of measurable inspections, items that exceed established safe or acceptable levels.
The following Items May Be Considered Defective Items From The Inspection:
1. Any Systems, Equipment, or Appliances are not in Working Condition
2. The presence of radon gas at a level at or above EPA action levels (4.0 picocuries per litre of air)
3. The presence of lead-based paint or lead-based paint hazards requiring abatement under HUD/EPA protocols
4. The existence of active infestation by termites or other wood destroying organisms and/or visible damage caused by active or past infestation; and/or
5. The presence of toxic or pathogenic molds within the interior of the dwelling(s) exceeding the levels of such molds measured upon the exterior of the dwelling. Penicillium aspergillus and other allergenic molds shall not be deemed a Defective Inspection Item for purposes of this Contract, and/or
6. Any void, expired, issued, open, under review or other building permits which have not been finalized, completed, issued a certificate of occupancy or completion or otherwise resolved without necessity of further action as documented by the applicable governmental agency (collectively “Open Permits”), or any unlawful non-conforming structures, or any unpermitted improvements, or existing violations of local ordinances
Buyer(s) Election Deadline (5 Days)
Within 5 Days After The Expiration of the Inspection Period (We Call This the Buyer(s) Election Deadline), You May Notify The Seller(s) if the inspection(s) have Identified any Defective Items. In Addition, you will notify the Seller(s) if you would like the seller(s) to either 1. Perform remedial action to bring defective items into compliance, 2. Provide a credit in lieu of remedial action, or 3. A combination of those two options.
Buyer(s) Election - Prior to the Buyer(s) Election Deadline, You as the Buyer(s) Should:
1. Notify Seller(s) of any Defective Inspection Items, and
2. Furnish to Seller(s) a complete copy of the inspection report(s) documenting the Defective Inspection Items, and
3. Notify Seller(s) of Buyer(s)’selection either to:
a) Have Seller(s) take Remedial Action at Seller(s)’s expense, or
b) Receive a credit from Seller(s) at closing in lieu of any repairs, replacements, treatment, mitigation or other remedial action necessary to bring the Defective Inspection Items into compliance with the relevant standards set forth above (the “Remedial Action”). If Buyer(s) elects to receive a credit, the amount of the credit shall be stated at the time of Buyer(s)’s election, and be equivalent to the estimated costs of the Remedial Action, as evidenced by written estimates/proposals issued to Buyer(s) by parties appropriately licensed to perform said Remedial Action, or
c) Combination of (a) and (b)
EXTREMELY IMPORTANT:
If You as the Buyer(s) make no election, You shall be deemed to have accepted the Property and Systems and Equipment in the condition they existed on the Effective Date (Date all parties signed the contract.
Seller(s) Response Deadline- Within 10 Days after receipt of the Inspection Report and Buyer(s) Election, the Seller(s) shall notify the Buyer(s) whether Seller(s) 1. Agrees to, 2. Refuses or 3. Counters your Buyer(s)’s Election.
If Seller(s) refuses or counters Buyer(s)’s Election with respect to any Defective Inspection Item(s) by the Seller(s)’s Response Deadline, then Buyer(s) may terminate this Contract not later than 5 days after receipt of Seller(s)’s Response.
If Seller(s) refuses Buyer(s)’s Election with respect to any Defective Inspection Item(s) by Seller(s)’s Response Deadline and Buyer(s) does not elect to terminate this Contract, Then Buyer is deemed to have accepted the Property and Systems and Equipment in the condition they existed on the Effective Date.
If Seller(s) counters Buyer(s)’s Election with respect to any Defective Inspection Item(s) and Buyer(s) does not timely elect to terminate this Contract, Buyer(s) is deemed to have accepted Seller(s)’s Response to Buyer(s)’s Election.
If Seller(s) fails to respond by the Seller(s)’s Response Deadline, Seller(s) shall be deemed to have refused Buyer(s)’s Election with respect to any Defective Inspection Item(s), and Buyer(s) may terminate this Contract not later than 5 days after the Seller(s)’s Response Deadline.
Community Association Approval - If any Remedial Action requested by Buyer(s) requires the approval of any community association governing the Property, and Seller(s) fails to furnish Buyer(s) with written documentation of said association’s approval not later than 5 days prior to the Closing Date, Buyer(s) may terminate this Contract.
Naples home Inspection Timeline- Janet Berry- 239-450-1892
What Happens If You Do Not Wish to Have Inspections Performed?
If Buyer(s) does not have the Inspection Items inspected, or fails to do so within the Inspection Period, or fails to timely report any Defective Inspection Items to Seller(s), Buyer(s) shall be deemed to have accepted the Property and Systems and Equipment in the condition they existed on the Effective Date.
How Do You Know If Remedial Action Has Been Performed Properly?
Remedial Action shall be deemed to have been properly performed when
1. The Systems and Equipment are placed in Working Condition,
2. Radon gas within the residence on the Property is reduced to below EPA action levels,
3. Lead-based paint and paint hazards on the Property are removed or contained in accordance with HUD/EPA guidelines,
4. Any active infestation of termites or other wood-destroying organisms is exterminated or treated, and all visible damage caused by active or past infestation is repaired or replaced; and
5. Toxic or pathogenic molds are no longer present within the dwelling(s) at levels exceeding those measured upon the exterior of the dwelling, and
6. Written documentation is provided from the appropriate government authority evidencing that all Open Permits have been closed out and/or all structures lawfully exist on the Property and/or all un-permitted improvements to the Property have now been properly permitted and said permits closed out and all violations of local ordinances and codes are corrected.
What If Seller(s) Is Unable to perform and complete all Remedial Action prior to the Closing Date?
A sum equivalent to 200% of the estimated costs of completing the Remedial Action, will be paid by Seller(s) into escrow at closing pending Seller(s)’s completion of the Remedial Action. The escrow sum is not a cap on Seller(s)’s liability for completion of the Remedial Action.
Here are a few Definitions From The Contract Used To Determine completion of Remedial Action:
1. Systems and Equipment are deemed to be in Working Condition if operating in the manner designed to operate.
2. The roof, ceiling, interior and exterior walls, foundation, swimming pool, spa and pool/spa deck(s) shall be in Working Condition if structurally sound and watertight.
3. Seawalls, docks, and pool/lanai enclosure(s) shall be in Working Condition if structurally sound.
Cosmetic Items - Seller(s) shall not be obligated to take Remedial Action or grant a credit in lieu of Remedial Action with regard to any Cosmetic Condition, which is defined as an aesthetic imperfection which does not affect the Working Condition of the item, including corrosion; tears; worn spots; discoloration of floor covering or wallpaper or window treatments; missing or torn screens; nail holes; scratches; dents; chips; caulking; pitted pool surfaces; minor cracks in windows, driveways, sidewalks, pool/spa decks and garage, tile, lanai and patio floors; and cracked roof tiles, curling or worn shingles and limited roof life, so long as there is no evidence of structural damage or leakage.
Repair or Replacement Costs - No cost to repair or replace any Systems and Equipment item shall exceed the fair market value of that item if it were in Working Condition.
