I was in a CE class yesterday in Milwaukee presented by Bernie Katz from ESA. He mentioned something about a new law in Michigan that the Realtor must provide a disclosure statement to the Buyer that explains their rights to have a home inspection and so on. I was looking for this document but I’m unable to find it. All I found was a Seller’s Disclosure Statement.
Wisconsin is in the process of updating the Offer to Purchase form and there should be a couple of changes that will make it better for consumers. This document may prove to be very helpful.
I think it is a one line statement on the bottom of the sellers disclosure statement. All it states is that it is suggested that the buyer can request a home inspection be done. In my opinion it is a stupid sentence!!! It does not require anything!!!
Like I said, it is a single line statement. It is printed on the standard form. It does nothing. It does not require anyone to explain anything. It is only a sentence that is required on the form.
Kind of like requiring that their be a page number on the form.
It is a joke in my opinion!!!
**BUYER SHOULD OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS OF THE PROPERTY TO MORE FULLY DETERMINE THE CONDITION OF THE PROPERTY. THESE INSPECTIONS SHOULD TAKE INDOOR AIR AND WATER QUALITY INTO ACCOUNT, AS WELL AS ANY EVIDENCE OF UNUSUALLY HIGH LEVELS OF POTENTIAL ALLERGENS INCLUDING, BUT NOT LIMITED TO, HOUSEHOLD MOLD, MILDEW AND BACTERIA. **
If in your offer you forget to ask for an inspection your out of luck. Also how does this explain the importance of having a home inspection?
I think something much better could have been done.
Hey, at least it talks about other parts of an inspection that are not part of a typical Home Inspection like IAQ, mold, etc.
In Wisconsin, there’s good news and bad news for consumers. The good news is in the offer to purchase lines 298 through 315 talks about the home inspection contingency. This is located right above the signature lines in the offer. It would be difficult to “forget” to ask for a Home Inspection.
The bad news is that if they aren’t presented, or even know about Addendum A (a totally separate form) the offer could be made on the following 3 contingencies
Home Warranty Program lines 5 through 11
Map of the property Lines 12 through 22
Testing Contingency lines 23 through 38
If this Addendum is not part of the offer to purchase and it’s discovered during the Home Inspection testing may be required, like to determine what strain of mold is discovered in the attic, they’re our of luck. The only chance at this point is to put in an amendment to their original offer and the seller could refuse.
Then there is an additional Addendum B that describes their rights regarding well water testing. Here there are 4 items the buyer could check
Active or Abandoned Wells Lines 1 through 13
Well Water Contingency Lines 14 through 22
Well System Inspection Contingency Lines 23 through 27
Private Sanitary System Inspection Contingency Lines 28 through 34
A Realtor may not or breeze over Addendum A. Addendum B really only applies to those “rural” properties that may either have a well or septic system.
Now here’s the interesting part. They buyers cannot use the discovery of “black organic material found in the attic probably caused by water intrusion” as a way to get out of the offer to purchase since it may be “good organic material.”
Had the buyer been informed prior to writing the offer to purchase, they could have written in the offer on Addendum A Mold Testing, Radon Testing, IAQ testing, etc. Without these tests defined, too bad, so sad for the buyers. THAT’S WRONG!
In Michigan it is Public act 163 and yes, the wording on the disclosure is MANDATED by the state. It tells the buyer they should get an independent inspector to inspect the property and that the inspection should include mold, mildew (which is a word that realtors made up so it wouldn’t sound so bad to have mold in the home) air quality and biologicals, what ever they are.
The wording was enacted in January of 2006.
Hasn’t changed much of anything. I still find people who say no to a radon test and then follow up with . . . . “well, er, what exactly is radon?”
Hope this helps,
TS
Do they have to say yes or no as part of the offer to purchase? IF they say no to additional testing, can they if something is discovered during the home inspection?