 Post Inspection Agreement
Form used
after the Inspection
This form will be used after
the Home Inspection has been completed. This form
will be filled out by your Realtor. It is, in
essence, a counter-offer to the seller asking
that items considered defects or relating to the
safety or habitability of the home be corrected
prior to closing.
Only items that relate to
habitability, safety or defects can be
re-negotiated using this form. The inspection
will most likely identify "routine
maintenance" items that are not considered
habitability or safety issues.
It is important that this
completed form is returned to the seller's real
estate agent within the time frame allowed for
your Home Inspection to be completed (the home
inspection period).
In the event that the
purchaser's inspections disclose any defects in
the property, the seller has the right, for a
period of 10 calendar days after the expiration
of the inspection period, to either repair the
defect in a good and workman like manner, using
contractors reasonably acceptable to the
purchaser, or to provide other assurances
reasonably acceptable by means of an escrow of
funds at closing for the repairs or otherwise.
If the seller is unwilling or
unable to repair the defect or to provide the
assurances described above during the repair
period, the purchaser shall have the right to
cancel the purchase contract and have the earnest
money returned. Should the right of cancellation
be exercised, written notice must be given to the
seller within five calendar days after the
earlier of,
a.) receipt of written notice from seller stating
that the seller is unwilling to make the repairs
or provide the assurances described above, or
b.) expiration of the repair period.
Note: Failure by the purchaser to cancel the
contract within this five calendar day period,
shall constitute a waiver by the purchaser of any
uncured defects and the purchaser shall take the
property "as is" with respect to such
defects.
The above
information was taken from an overprint of the
form used for this purpose approved by the Dayton
Area Board of Realtors.
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