Does the seller have to disclose defects to the property?

Under Virginia law Sellers are under no obligation to disclose defects to potential buyers, which is why it is critical that every buyer have a professional home inspection, pest inspection, and title search done during the due diligence/feasibility period of the contract.  Buyers must ensure the contract allows a way out of the purchase of the home should there be any significant defects.  In addition, just prior to closing, the Buyer should do a final walk through inspection to verify that there are no new defects, to confirm that the Seller left all personal property items (e.g. window treatments; appliances) that were included in the sale, and to see if all agreed repairs have been performed.

The answers given above have been prepared by the law firm of Jones & Walker, P.C. of Virginia Beach as general guidelines to common questions.  These answers do not constitute specific legal advice.  For a fuller explanation of many aspects of real estate sales and purchases, visit Jones & Walker’s website: www.jonesandwalker.com. 

The buyer has asked for repairs….what do I do now??

The house I am selling just went under contract! The buyer did their home inspection and now they have sent me a long list of repairs! What do I do now? This is a common scenario that we find ourselves in with our sellers. Once a contract has been accepted, if a home inspection was requested, it must be done within a certain amount of time. If repairs were requested, this list must be given to the seller within the time frame as well. Once the seller receives the request from the buyer, they have 5 days to review the request and respond back.

We suggest to our sellers that they get quotes on the repairs that were requested and decide which ones they would like to entertain. If they decide they do not want to complete all of the requested repairs, they counter back with what they are willing to do within the 5 day negotiation period. The buyer then has 24 hours to accept or counter back. Once the 24 hour period has expired, either party can release from the contract without being in default and no damages can be awarded.

Once repairs have been agreed upon, they have to be completed, prior to closing in a workman like manner. Our sellers select the contractors that complete the repairs and once repairs have been completed, receipts are sent to the buyer’s agent if requested. Prior to closing, the buyer and buyer’s agent will inspect the repairs to make sure they were done in a workman like manner. If all parties are in agreement with the repairs, the contract will move to closing. 

Should I get a Home Inspection?

Many buyers ask, why should I get a home inspection? The home was recently painted, has all new appliances, all new carpet and flooring…it even has fresh flowers on the foyer table. It looks like a beautiful place to live…what could be wrong? This is the age old question that our buyer’s agents get asked every day. Why should you spend the extra money to have someone come and inspect the house? Virginia is a buyer beware state and the burden is placed upon the buyer to make sure that the house is in good condition. Those freshly painted walls may be covering an old leak or that new carpet may have been put over rotten floor boards.

We at Chantel Ray Real Estate, always recommend our buyers get a home inspection on a home they are purchasing. The home inspector will spend hours pouring over every detail of the house. Were fire rated doors put up? Are smoke detectors in the proper places? Is there any settling in the house that we should be aware of? At the end of the home inspection, each buyer is given a written report that shows everything that was tested and examined and any suggestions for further repairs or evaluations. The buyer can then decide how they would like to proceed with the home purchase.