Sale Cancelled Can New buyer access inspection report
Can the new buyer demand the old inspection report?
If a sale cancelled can new buyer access inspection report. I’m asked this question numerous times and the answer is No. In the Arizona Purchase Contract, the buyer has 10 days (unless extended time is agreed upon) to perform an inspection. Within 6a of the Arizona purchase contract, the buyer shall provide the seller at no cost a copy of the inspection. The new buyer has asked the buyers agent to contact the sellers agent to provide the inspection. Keep in mind, the seller never agreed which inspection the buyer should use. Many inspectors identify different faults as well.
The answer is?
Although sellers have a duty to disclose known facts materially affecting the value of the property that are not readily observable, the seller is not obligated to provide the new buyer with a copy of the first buyer’s home inspection report. In fact, the better practice is for the seller to update their Seller’s Property Disclosure Statement (SPDS) to ensure that it includes the information contained on the inspection report, and then provide the updated SPDS to the new buyer. Although Arizona statute does not preclude the seller from conveying the actual report, doing so may lead the buyer to rely on that report and not obtain their own independent inspection. Since the first home inspector owes no duty to the new buyer, it is best for the buyer to obtain their own home inspection. Remember, if you do not do an inspection, you will need to sign a document that states “buyer acknowledges that the buyer was advised to obtain a certified inspector of the premise and buyer declined”. I strongly recommend that each buyer obtain inspections regardless of the situation. If the seller provides the inspection, it is only a benefit to the new buyer to purchase an inspection. For more information, click here for the AZ department opinion.
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