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Beware Of Builder Who Insists Buyer Sign a Repair Waiver

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Beware Of Builder Who Insists Buyer Sign a Repair Waiver
By Barry Stone

Dear Barry,

The new home that I'm purchasing will be completed next month. I want to have a final inspection by a professional home inspector before I move in, but the builder is not agreeable. He wants me to sign a document agreeing that I am not entitled to any repairs specified in the home inspector's report. Should I just wait until moving in before hiring the inspector and then request repairs under the one-year warranty? - Victor

Dear Victor,

Any builder who would deny a home buyer's right to a professional home inspection prior to purchase or who would refuse to make repairs subject to that inspection is blatantly unethical, and dealings with such persons should be avoided whenever possible. If justice were truly served, builders of this ilk would be pilloried in the public square and subjected to the pitching skills of neighborhood kids, armed with rotten produce.

Do not, under any conditions, sign inspection-related documents without obtaining legal advice from a real estate attorney. The builder is required by law to guarantee all aspects of the construction, regardless of who finds the defects, you or your inspector. If the builder is not willing to address problems before closing the sale, imagine how difficult it will be to obtain a satisfactory response once the deal is closed. You have a right to a pre-purchase inspection by a qualified professional of your choosing, and the builder is responsible for all pertinent repairs as soon as those defects are revealed.

Don't allow this builder to misdirect you. Make sure you are adequately represented and that all purchase documents undergo a thorough legal review before you sign anything.

Copyright 2002-2006 Inman News Features. Distributed by Inman News Features

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