What Buyers Should Do During their Contingency Period

When buying a home most buyers have a contingency period, a standard 17 days under the California Residential Purchase Contract (RPA), but negotiable by contract for longer or shorter periods. This time is meant for the buyer to conduct investigations and inspections in order to discover information about the home that may affect ownership or present hazards. Buyers can then ask for credit or repairs, or choose whether to remain bound by the terms of the purchase contract if things are discovered that may alter the value of the home. (Check your area contracts and consult with your real estate agent to understand your rights)

Let’s look at some of the types of inspections and investigations that are important during this time:

1. Home inspection. Most buyers have home inspections during the contingency period, and I always recommend them. If buyers hire a skilled inspector, he or she will be able to point out potential problems, issues or hazards that may not be obvious. I have sold homes before that looked to be in fantastic shape, only to learn of issues that needed to be addressed via home inspectors. Inspectors will not only point out possible issues or hazards, but will also recommend the buyers contact specific experts whose expertise goes beyond that of an inspector (for example, if the inspector detects high moisture readings in a room he may recommend a mold specialist).

2. Civil engineer inspection. A civil engineer is a necessary person to call out for certain types of homes, such as those built on cliffs, or where a cracked slab has been noted. If your inspector advises a call to an engineer, or if there is information in the seller disclosures that warrant doing so, I highly recommend taking the advice.

3. Roof inspection. Some home inspectors do not check the roof. Depending on the age of the roof, and any signs of leakage or information indicating such in the disclosures, a roof inspection may be a smart move.

4.  Contractor inspections/estimates.  If your home inspection reveals there may be repair issues needed to the structure, or if there is information in the seller disclosures that warrant, you may want to have a licensed contractor come out for an evaluation and estimate; if you are planning on any future additions or structural changes this is also a good idea, so that you are aware of any possible restrictions or code requirements (also see #6 below).

5. Other specialist inspections/estimates – plumbers, electricians, HVAC specialists, etc. A good home inspector will alert you if s/he thinks there is something that needs further evaluation. I highly recommend taking the advice and calling a specialist. If you are planning on asking the seller for help with repairs or replacement, you will know the cost of doing so, so that you can make sure you ask for the correct amount of credit or repairs.

6. Investigate permit issues. This is an issue of which many buyers and agents are unaware. If the home you are purchasing has had any alterations or additions in the past, you need to see if permits were pulled. Usually you can do this easily with a visit to the County or City offices, or wherever building codes are enforced and records are maintained.

If you know of any past alterations or additions that should have been permitted, but cannot find permits filed, you need to understand your liability down the road – and this can vary depending on local rules and regulations. For example, if there was an addition that wasn’t permitted and down the road you decide to apply for a permit to do some other additions or work, the inspector can site you for the previous additions when s/he comes out to inspect your current project. This means that you could be liable for getting any past unpermitted work up to code. This could cost you a lot of money, so make sure you know what you are up against before you buy.

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The importance of the contingency or investigatory period is great. Buyers should exercise discretion and listen to suggestions made by their home inspector and real estate agent on which experts may be needed, as well as pay close attention to what is revealed in seller disclosures. Paying a bit extra for peace of mind that you are buying a sound home (or knowing what issues may be present if you are purchasing a fixer-upper) is well worth it.