Showing posts with label disclosure. Show all posts
Showing posts with label disclosure. Show all posts

Sunday, August 3, 2008

Inspection? We Don’t Need NO Stinking Home Inspection! Do We?

As a first time homebuyer you spent hours finding scouring the internet for the perfect homes that met the criteria of your dream home. You took the time to find a knowledgeable loan officer to get pre-approved for a mortgage. With good faith estimates now in hand, you diligently searched for a REALTOR® who as your buyer’s representative would be your advocate in the purchase negotiations. After traveling through Anoka and Washington Counties and seeing homes from Forest Lake to Andover and Blaine to Ham Lake, you decide this is THE house to place an offer on. Your agent in preparing your offer asks, “Do you want to do an inspection?” And suddenly, all reason and goes out the window because you answer, “Inspection? We don’t need a Home Inspection. Do We?”In a word, YES!
As a REALTOR® representing clients throughout the north and east Twin Cities metro, I am often surprised that someone would elect not to have an inspection. Buying a home is the single most important purchase most people will make in their lives. It is important to have a non-biased professional inspect the property for defects prior to the final papers being signed. In this market, flooded with foreclosures and short sales where the previous owner may not have been able to afford the necessary home maintenance required to keep a home in tip top shape and don't always give adequate property disclosures, it is essential.

Questions! Boy do I get questions about home inspections!

  • What does the inspector check in a home inspection?

  • Who selects the inspector?

  • Who pays buyer or seller?

  • What is the cost of an inspection?

  • What should really be inspected?
I believe every buyer should inspect every home. But there are different types of inspections because while a home inspection will inspect the total home, often additional experts are required to inspect the total property. And sometimes additional or special testing is required so that the buyer can have a better understanding of the home they are purchasing.
Total Home Inspection
—$300-500 depending on the size of home and company selected for the inspection. The fee it is paid for by the buyer. This is a great starting point for most home buyers and possibly the only inspection necessary for most single family homes. The basic inspection will be a 2-3 hour top to bottom look at the house; usually including a review of the roof, foundation, mechanicals, structure and built in appliances to ascertain if they are in proper working order. Other testing could be recommended by the inspector after the basic inspection is completed if the home inspector notices any particularly unusual situation that will need expert evaluation. Some inspection companies will charge additional fees for inspecting outbuildings and unusual features so verify what is covered under the basic inspection service prior to them arriving at the property.

Septic Compliance Inspection—$300-500 for the inspection plus $200-$300 to pump system before the test can be performed. This test is requested by the buyer but traditionally paid for by the seller as in Minnesota, if the septic system is found incompliant, the state will be notified and the homeowner will have one year to bring it up to code. In the case of a foreclosure or short sale, the property owner may insist that the buyer pay for all inspections including the septic system. The cost of purchasing a home with the septic system AS-IS can be risky as the cost of replacing a failing or non-conforming system is $15,000-$20,000.

Well Inspection—$75-$150 This is an inspection of the well by a licensed well installer to determine if the well is in good operating condition. The fee can be paid for by either the buyer or the seller.

Well Water Testing—$100-$200 depending on which elements the water is tested for. In most cases, this test is paid for by the seller. The water is collected by the independent testing service and some tests will take up to two weeks for results unless additional fees are paid for rush testing. Most often a test is for will require a water test for bacteria and nitrates. Some loans, like FHA and VA loans may have additional testing requirements. It is important to check with the lender to find what would be required for each specific loan. Local governments can have specific point of sale testing requirements so check with the municipality.

Inspection for Radon—$100-200 usually paid for buy the buyer. Radon is a naturally occurring radioactive gas which is the leading cause of lung cancer for non-smokers. It is found in many Minnesota homes entering through cracks in basement foundations and open tops of block walls. It is colorless and odorless so most homeowners are not aware of a problem unless the home has been tested. It is estimated by the
Minnesota Department of Health Radon Information page, that 1/3 of Minnesota homes have radon levels that pose a substantial risk to homeowners.

Inspection for Lead—$150-250 usually paid for buy the buyer. Home seller are required to disclose whether there are any known risks of lead in all homes built prior to 1978. Lead was a common ingredient in paint prior before 1978. Many homeowners have not tested so they are not aware of lead risks in the home. It is important to assume that older painted surfaces used paint containing lead. If these surfaces have been painted the risk is limited. But home buyers do have an option to have additional testing completed on the home they purchase. The
Minnesota Department of Health has additional recommendations for testing a home for lead on their website lead poisoning can cause permanent problems with health, learning and behavior in children and significant health problems with adults.

READ MORE INFO from HUD Protect Your Family From Lead in Your Home

Mold Inspections—$200-$1000 Mold testing is costly and according to the
Minnesota Department of Health Mold Information Page, it does not need to be done for most homes unless there is an indication of a problem. Stucco homes built in the late 1990’s with poor air circulation have been known to have significant potential problems. Homeowners with stucco homes will often test the home prior to listing and have a report for the buyer to review. Buyers can also elect to retest the home if the previous report is not acceptable to the buyer. If a foreclosure and short sale owner does not have the funds to do the expensive moisture testing, the buyer may have to pay for the test or accept the home AS IS. This is a risk as repairs for full mold abatement can run into the tens of thousands of dollars and the home would be unlivable during the process.

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If you are buying, selling or relocating to Minnesota and need help from a professional REALTOR®, give me a call or visit my website for a FREE Relocation Packet. I specialize in acreage and lakeshore properties in the north and east Twin Cities metro area including Ham Lake, Lino Lakes and all communities in the Forest Lake School District! Serving Anoka, Chisago, Ramsey and Washington Counties in Minnesota.

Copyright 2008 terieckholm.com

Sunday, March 16, 2008

Dispute Resolution—Understanding Arbitration in Minnesota Real Estate

This past week I received an email from a reader of my blog who was upset after receiving an arbitration ruling that did not go in his favor. He had read one of my past posts What is a Septic System? How does it differ from a city sewer system? He and his wife had recently purchased a home in Andover, Minnesota and filed for arbitration after discovering a significant problem with their septic system and that the disclosure forms their received were incomplete.

The arbitrator ruled in favor of the sellers, agent and broker and the frustrated homeowner doesn’t understand how this could have happened. He strongly cautioned me to never let my buyers agree to arbitration. I don’t know all of the details of his situation but he was obviously frustrated with the system.

Fortunately, I have not had any clients with outstanding disputes following closings that lead to arbitration or litigation. When clients on both sides of the transaction take the time to:

  • Disclose all defects in the home
  • Perform all inspections
  • Opt to purchase warranties if necessary
  • Review all documents
  • Discuss any and all aspects of the home honestly and thrououghly
Then buyers have a good understanding of what they are purchasing and the limitations of the existing home. Good honest disclosures will prevent most disputes.

If you are considering buying or selling a home in Minnesota will be confronted with the question, “Do you agree to arbitration?”
It's a tough question as most clients do not understand the system they are agreeing to when they receive the disclosure form. Disputes can arise in real estate transactions, so understanding the process of arbitration is essential prior to sitting down to sign the purchase agreement.

When we purchased our first home, prior to my becoming a Realtor, I remember the explanation of the arbitration system given by our real estate agent. “It’s an inexpensive alternative to the legal process and frankly anyone who doesn’t agree to it is a fool as an attorney can cost thousands more.” We couldn’t wait to sign the form.

As a Realtor, I am more diligent when explaining this arbitration system. Though I am not an attorney and cannot give legal advice, I am required to explain this document to my clients. Here is a synopsis of what I say when I explain this form:

“When there is a dispute after the closing, buyers and sellers can choose to arbitrate or litigate for a resolution. By signing the arbitration form, you give up your right to litigate and agree to binding arbitration. Though parties can hire an attorney to assist them with the process, they cannot take their case to a court; they must file a request for arbitration. After the arbitrator makes a ruling, all parties MUST comply with the findings of the arbitrator.”
In Minnesota, the arbitration system for residential commercial property is Construction Arbitration Services (CAS). In reviewing the CAS website, I discovered that hiring a team of arbitrators is not inexpensive. While for small situations under $3000, the fees are relatively low, starting at $250 for one arbitrator to review documents, the numbers are significantly higher for larger claims. If you want to speak with the arbitrator to present your case, the cost jumps to $650 on a case under $3000.
For the situation described above, one arbitrator for a three party case would be $1,200-$1,500 and hiring a 3 member panel would be nearly $2,500! The party bringing the claim would be required to pay the amount upfront for the service and would only receive reimbursement if the decision was in their favor. The arbitrators are not employees of CAS but are neutral third-parties trained in dispute resolution and could be anyone of a number of trained professionals from a variety of backgrounds.  


So what should a buyer or seller do when confronted with this form, sign or not sign?

Again, I cannot give legal advice but a popular option is to decline signing at the time of writing the purchase agreement. This is not an outright refusal to ever agree to arbitration. It is a way to keep your options open in the event a dispute arises. This way a buyer or seller could chose to hire an attorney, file for arbitration or present your case to a small claims court judge if need be.



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If you are buying, selling or relocating to Minnesota and need help from a professional Realtor, give me a call or visit my website for a FREE Relocation Packet. I specialize in acreage and lakeshore properties in the north and east Twin Cities metro area including Ham Lake, Lino Lakes and all communities in the Forest Lake School District! Serving Anoka, Chisago, Ramsey and Washington Counties in Minnesota.

Copyright 2008 Teri Eckholm http://www.terieckholm.com/

Monday, March 19, 2007

What is a Truth-In-Sale Housing Disclosure? How does that differ from Pre-Inspection?


I was speaking with potential clients about listing their home in Blaine, Minnesota a few weeks ago. They had beautiful home with many updates that they taken wonderful care of. As they were filling out the disclosure, they brought up the subject of pre-inspection. A friend of theirs had recently sold a home and had it pre-inspected. When the offers came in, the buyers opted to forego the inspection, choosing to just read the report. My clients were wondering if this was a common practice and if a pre-inspection was required.

In Minnesota, there is no Truth-In-Housing inspection requirement to sell your home at the state or county level. There is however several communities in the Twin Cities metropolitan area that do require a pre-inspection report. These go by many names: Truth-in-Sale of Housing Disclosure, Time-of Sale, Time-of-Sale Code Compliance, Dwelling Maintenance and Occupancy Code Compliance, Housing Code Compliance Inspection or Housing Maintenance Code Inspection. Some of these inspections are done by inspectors that are city employees while other communities have licensed private inspectors to perform the inspection of the home. It is the homeowners responsibility to select a private inspector to perform the inspection prior to listing the home for sale.

The Twin Cities communities that currently require a home inspection are:

Private Inspectors (Selected by Homeowner)
Bloomington
Hopkins
Maplewood
Minneapolis
St. Louis Park
St. Paul
South St. Paul

City Inspectors
Crystal
New Hope
Richfield

Can I still have my home pre-inspected if my community does not have a truth-in-sale requirement?

Absolutely! Having you property pre-inspected and an inspection report available to potential buyers can speed along the buying process for many buyers. Some buyers will choose to review the report and not have another inspection completed making the offer not-contingent on an inspection. Other buyers will choose to have the inspector who did the pre-inspection come out to the home to explain the details in the report. This is often completed for a reduced fee to the buyer since the work has been completed and it is not as time consuming to the inspector. However a pre-inspection does not guarantee that the buyer will not opt to hire their own independent inspector of the home.

If I give an Inspection or Truth-In-Housing Report, do I have to complete a seller’s disclosure?
If you have lived in the home, yes! It is required to disclose what you know about the home. However, in the case of an estate or rental property where the owner did not live in the home, the owner will have limited information regarding the property to disclose. In this case, an inspector’s report can be offered in lieu of the completed disclosure.




If you are relocating to Minnesota, are looking for Homes for Sale in the north and east Twin Cities metro area and need help from a professional Realtor, give me a call. Serving Anoka, Chisago, Ramsey and Washington Counties in Minnesota.


Copyright 2007 terieckholm.com

Wednesday, March 7, 2007

Foreclosure Disclosure—Do I Really Need An Inspection?

The local news investigators recently did a story on foreclosed homes that banks are putting on the market in the Twin Cities area. The story had an ominous tone. The reporter visited a home with a hidden camera in tow posing as a potential buyer. Questions were asked about the condition of the home and regarding disclosures available. This particular home did have evidence of a mold problem, dark spots on a sheet rocked wall. A few days later, the reporter returned to the home and the area with the mold had been repainted.

The angle of the story in the voice over was that in Minnesota there is a “loophole” where banks and other financial entities would not have to fill out a disclosure form that is required to be completed by all other home owners in the state. The reporter indicated that a new buyer would not be aware of the painted-over mold. She had a home inspector with her as an expert who said that it was his opinion that the law is flawed; financial institutions should be required to provide potential buyers with a report from an independent licensed inspector.

Though interesting to watch, there were many inaccuracies in this investigation. True, the state of Minnesota does not require financial institutions to provide a disclosure. But I don’t think this is a “loophole”. When the reporter first visited the home posing as a potential buyer, she was shown the home by the listing agent. The listing agent is working for the seller. Since the news reporter was trying to make a point about disclosure, it may have been cut out where the agent recommends that the buyer get an independent inspection. When under contract as a listing agent, the agent is working for the seller not a buyer but still must disclose any known information about the property. Although on the return trip, the wall was bleached and repainted, that does not mean that the agent wasn’t informing potential buyers of the situation.

Buyers considering foreclosed properties must go into these homes with their eyes wide open! The best advice is for buyers to sign a buyer’s representation agreement with an agent prior to visiting any listings. Your agent will advise an independent inspector on all properties, not just foreclosed homes, because the average homeowner may not be aware of all defects in their own property. Most listing agents on foreclosed homes will recommend an independent inspector as well. The reporter did say that the agent had done nothing wrong so they did not show his face. This makes me wonder if the agent had been explaining why inspections are necessary.

Most foreclosed homes have notices posted in the MLS and at the home to “Get an Inspection”. This inspector when hired by the buyer walks through the entire home with the buyer in a systematic two-three hour process explaining the defects and potential problems and repairs of the home. The buyer has an in-depth understanding of the property they are buying. If the state had required that financial institutions provide inspections, many buyers might forego having an independent inspection.

The current real estate market includes many foreclosed, bank owned homes. These properties can be a great investment resource or “fixer-upper” first home. But buyers must be smart. Smart buyers with have their own representation and hire their own independent inspectors. On a purchase this big, you owe it to yourself not to take someone’s word for the property’s condition.



If you are relocating to Minnesota, are looking for Homes for Sale in the north and east Twin Cities metro area and need help from a professional Realtor, give me a call. Serving Anoka, Chisago, Ramsey and Washington Counties in Minnesota.


Copyright 2007
terieckholm.com

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