Our standard sales contract consists of 14 pages and 66 standard paragraphs and numerous subparagraphs. It’s not only long but extremely tedious. I expect it would provide excellent therapy for even the worst insomniac. It’s easy to be confused by some of the standard provisions.
About Inspections
Most notably, Paragraph J1 related to property inspection seems highly misunderstood. Unless deleted elsewhere, this paragraph allows the purchaser a period of time in which to perform a physical inspection of the property. It includes a right to inspect all public records and regulations related to the property. It is interesting to note that the physical inspection may be performed by anyone the buyer wishes. Nothing requires the buyer to use a licensed contractor or certified home inspector.
Hawaii requires no pre-sale public inspections. Inspectors are not licensed and not all inspectors are created equal. Ask for recommendations. With few exceptions, homes can be sold “as is” without regard to condition or permits. The confusion seems to be related to what happens after the inspection is completed. Many are under the impression there is a contractual obligation for seller to make repairs or correct permits prior to sale. In fact, the seller is under no obligation to make repairs or correct permits. The buyer can request repairs. Many sellers try to accommodate but they are under no obligation to do so. They are also under no obligation to renegotiate price. The buyer’s option should the seller not wish to (or be able to) accommodate is to withdraw their offer. They must do so prior to the expiration of the inspection period or the earnest money could be in jeopardy. Termite inspections and survey results are addressed elsewhere in the contract.
Read the Contract
Be sure to read through the contract early on; even before the offer is drafted. Give yourself time to make a list of questions for your agent. Remember, this provision is number J1 of the purchase contract. Understandably, focus seems to wander by the time that part is reviewed….but don’t become too focused on the numbers because, guess what it’s always changing. And even though the purchase contract is not going to getting any shorter, one thing will remain the same. Understanding the process in advance helps avoid confusion and ensures buyer and seller expectations are in line with our not-always-entertaining but oh-so-important Purchase Contract!
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